Gem case charges withdrawn

THE CHARGES relating to the remaining accused in the Project Darling illicit diamond buying matter were withdrawn in the Kimberley Magistrate’s Court this week, although the National Prosecuting Authority has indicated that it may be placed back on the roll at a later date.

Project Darling was a covert police operation where an undercover agent was assigned to infiltrate suspects in Kimberley and Johannesburg to sell unpolished diamonds valued at R28 million during 2013 and 2014.

The State alleges that the agent who was tasked with selling the illegal diamonds was offered gifts, including a Volkswagen Golf GTI valued at R100,000, a BMW worth R235,000 and two diamond rings, by the accused in order to persuade him to facilitate the illegal dealings.

The accused - Ashley Brooks, Patrick Mason, Monojkumar Detroya, Komilan Packirisamy, Ahmed Khorani, Antonella Florio-Poone, McDonald Visser, Willem Weenink, Joseph Sarel van Graaf, Carl Steve van Graaf, Kevin Urry, Trevor Pikwane, Frank Perridge, Spiro Louverdis and Colin Carey - were charged with dealing in unpolished diamonds.

All the accused were allowed to walk free in 2018 although the charges were reinstated in 2021.

Plea agreements were later entered into with several accused.

NPA regional spokesperson Mojalefa Senokoatsane said the Supreme Court of Appeal ruled on July 2, 2020 that the prosecution could continue.

“Some of the accused in Project Darling then pleaded guilty and were convicted and sentenced,” said Senokoatsane.

He added that numerous transactions had led to the arrest of the accused, who were charged with illegal diamond dealing, possession and sale of unpolished diamonds, money laundering and racketeering.

“Trial dates were set for the remaining accused who did not plead guilty, including Sarel van Graaf and Willem Weenink, in the Kimberley Magistrate’s Court on August 22.”

Senokoatsane stated that one of the main State witnesses was not able to testify due to medical reasons.

“The matter was therefore withdrawn by the State due to the fact that one of the main State witnesses could not testify. A final decision about any further prosecution with regard to Project Darling will be taken soon.”

Meanwhile, the legal representative for Weenink and Joseph Sarel van Graaf, advocate Ferdi van Heerden, expressed dissatisfaction with the “overall conduct of the State” in this matter.

He stated that charges were withdrawn against Brooks, Mason, Visser and Florio-Poone in 2020.

“These withdrawals were done on the basis of an agreement reached in the regional court while there was still a pending case against the parties in the magistrate's court,” said Van Heerden.

“The same irregular procedure was followed in regard to Louverdis and Urry. Louverdis appeared in the regional court on April 13, 2021 without the matter being transferred to the regional court, while the matter in the magistrate's court was still pending against him. The regional court matter was finalised on April 13, 2021, but only withdrawn against Louverdis and Urry on April 15, 2021 in the magistrate's court.

“These procedures are highly irregular.”

Van Heerden stated that the accused were unlawfully charged with racketeering.

“After the presiding judge recused herself in August 2018, a permanent stay of prosecution was granted. The accused approached the Constitutional Court and their application for leave to appeal was dismissed on November 18 2020.

“Nearly a year later, on September 10, 2021, the matter was removed from the high court roll.”

He added that the trial was plagued by delays, while information was withheld from his clients.