CONDEMNING THE SANDF'S DELAY IN FINALISING A TRIAL DATE IN THE GUPTAGATE MATTER
The two accused SA Air Force officers in the now infamous Guptagate scandal, Lt Colonels van Zyl and Anderson, have been waiting for months for the Military Prosecutor's announcement of a trial date. Notwithstanding weekly enquiries by SANDU on behalf of these officers, and false undertakings of a date to be announced in mid-January 2014, the prosecutors have failed to provide a trial date and provide any reasonable explanation for the unnecessary delay.
In fact, the case has now taken a rather bizarre twist in that one of the accused, Warrant Officer Ntshisi, has apparently been offered immunity from prosecution in exchange for becoming the prosecution's main witness against his former co-accused. No explanation has been offered as to why he, in particular, has been singled out, given the fact that all three officers faced exactly the same charge of contravening an Air Force order. If anything, Ntshisi's previous evidence at other forums was full of contradictions and evidence of unseemly behaviour on his part, not the least of which was the fact that he was found to have attempted to solicit a job at DIRCO during the Gupta landing debacle.
It is clear that the Military Prosecutors are, on the one hand, desperately attempting to fabricate a case against the remaining officers so as to wash the hands of their political masters and, on the other hand, unnecessarily delaying the onset of the trial, the outcome of which has the potential of political embarrassment for president Zuma a few months or weeks before national elections.
SANDU will not tolerate the blatant infringements on the right to a speedy trial of the officers we represent. SANDU is therefore placing the Military Prosecuting Authorities on terms via the attorneys on record in this matter, that, should the members we represent not be provided with a trial date by 31 January 2014, the accused will take legal action, either compelling commencement of the trial within 30 days or the termination of prosecution and immediate lifting of their suspension.
Statement issued by Adv JG (Pikkie) Greeff, SANDU national secretary, January 24 2014
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