STATE SUGGESTES INTIMIDATION OF ITS WITNESSES…

12 October 2010 - 21:07
By Devereaux Morkel

The North Gauteng High Court will make a decision on Friday, whether to postpone the case against the so-called Fletcher rhino poaching syndicate.

Judgment on whether to postpone the case against the so-called Fletcher-gang is expected on Friday. The three men are accused of being a part of a rhino-horn smuggling syndicate that operated across the country between 2005 and 2006.

George Fletcher, Gerhardus Saaiman and Frans van Deventer appeared in court on Monday for the first time where the case was briefly postponed until Tuesday in order to give the state an opportunity to prepare a substantial application for a postponement.

Charges were dropped against the fourth accused Kumaran Moodaley, when it was also announced that he would be turning State witness.

State advocate Hein van der Merwe submitted the substantial application, telling the court that one of their key witnesses, Deon van Deventer, (brother of one of the accused) had informed them in September that he is no longer willing to testify, stating intimidation as one of the reasons. He said that while in jail he had been visited by two men who had informed him that he would receive a large sum of money should he not testify in the case.

Van der Merwe told the court that van Deventer was an important witness since he is able to talk about events ranging over the complete spectrum of the case. Van Deventer – says Van der Merwe – will also be in a position to elaborate on the statements of other witnesses who will be called. He said that without this evidence the state will not be in a position to prove certain charges. After van Deventer agreed to testify, van der Merwe said they did not have enough time to prepare and needed more time, therefore the request for a postponement.

Defence attorney for the accused, George Fletcher, Terry Price called the State's case "anemic and bankrupt". He argued that the claim of intimidation was "strange".

The attorney for Gerhardus Saaiman and Frans van Deventer also opposed the States application for a postponement. A letter allegedly written by van Deventer to his mother is quoted as saying... "I will play games with the State..." Wagener said that the State should withdraw the charges.

The Spokesperson for the National Prosecuting Authority, Mthunzi Mhaga, told Jacaranda 94.2 that they were hopeful that they can salvage the situation. He said that it was ''an unfortunate situation that we did not foresee, we are hoping that further engagement with the witness will lead to us salvaging the situation and hopefully get him to be on our side.... That is why we are asking for more time to consult with the witness and properly prepare.'' Mhaga suggested that the State was ready, saying ''it is just that the witness was unfortunately unduly influenced in a manner that leaves much to be desired which we are disappointed with as well."

The three men face, amongst others, charges of racketeering and money laundering.