Durban — Prominent Durban-based businessman Thoshan Panday is going for the jugular in the State’s case against him and eight others, filing court papers to have the case struck off the roll.
Court papers, seen by the Daily News, show four of the nine accused gunning for the State’s case, citing a litany of holes in the case that has spanned 14 years since 2010. Six accused and Panday brought this application.
“The court shall investigate the delay in the conclusion of proceedings which appears to be unreasonable and which could cause substantial prejudice to the accused,” read the papers filed by the attorney of the four, Kershnie Govender.
“The completion of the proceedings is being delayed unreasonably and … the four want alternative relief.”
The accused informed the court they would make the application when the matter resumes in the Durban High Court on July 26.
Panday and eight other accused were charged in 2020 in connection with the R47million 2010 Soccer World Cup tender to provide accommodation for police officers deployed to work at the matches played in the province.
In his founding affidavit, Panday said he wanted the court to grant the following orders:
- Refuse a further postponement.
- Grant a postponement subject to conditions, determined by the court.
- Or that the case be struck off the roll and the prosecution not be resumed or instituted de novo without the written instruction of the Attorney-General (Director of Public Prosecutions).
In his affidavit, Panday lashed out at the State, saying the delay in the case has been “grossly unreasonable and causing substantial prejudice to the accused”.
“A decision by this court to strike the matter from the roll will not impede the State to appeal … The entire process can be exhausted and the final decision made before any charges are reinstated.”
He did not pull the punches: “In circumstances where the State has created an unreasonable delay which will inevitably endure for several months (if not more), my co-accused and I should not have to remain on the roll and continue (to) suffer the disruption to our lives.”
Panday’s latest court bid to have the long-running case struck off the roll comes on the back of a legal victory after Durban High Court Judge Nompumelelo Hadebe last month ordered the State to hand over cellphone recordings it had “illegally” intercepted.
The State was likely to use the recordings to nail the accused when the trial starts.
In a 10-page judgment last month, the court said the State failed to make a strong case as to why the accused could not be provided with the recordings.
A source close to the investigation said the State was now in contempt of court after allegedly failing to hand over the recordings as ordered by the court.
The court said the State’s refusal to make the required information available was not articulated by the State.
The court said the other argument by the State revolved around possible informers but no specifics were given.
“I am of the view that the claim of privilege, the infringement of third parties’ rights and would-be informers is vague and cannot withstand scrutiny of any kind,” read the judgment.
Reacting to this order last month, Panday said: “They lied under oath in applications to intercept telephone lines. Some of these same police officers were opposing my request for information.
“When the State reveals the information, it will show even more abuse of power by the police,” said Panday.
The accused were jointly charged with 275 counts, including operating in an enterprise engaged in racketeering activities in terms of the Prevention of Organised Crime Act (Poca) and the Prevention and Combating of Corrupt Activities Act (Precca). The indictment indicates that the State intends to call 187 witnesses.
Contacted for comment, Investigating Directorate (ID) spokesperson Henry Mamothame said: “The State has not been informed of such an application and does not comment on the merits of matters.”
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