ANC heavyweight Mike Mabuyakhulu loses bid to quash R300,000 fraud charge

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In her ruling, magistrate Soomaroo agreed with submission by the state that the charges, in essence, had remained the same.

The change to the charges was one of the main thrusts of his argument that he should not be forced to stand trial without the DPP first"casting a fresh eye" over the case.

He claimed financial prejudice because he had already requested further particulars relating to the initial indictment and now would be forced to begin that process from scratch, resulting in trial delays. It emerged during argument that the defence team had met with the prosecutions team in August last year.

While the state claimed that at this meeting his advocate, Jimmy Howse, had suggested he become a “204 witness” against the other accused, this was denied by Howse. He said it had only been suggested that he could be"a witness". There was no new information in the docket, the witnesses were the same and"the golden thread" - involving allegations of corruption and money-laundering relating to R300,000 - remained the same.

 

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