File picture: Soraya Crowie
THE TRIAL concerning the construction of the Kimberley Mental Health Hospital will resume in the Kimberley Magistrate’s Court in December, following challenges experienced by the State.
Former ANC provincial chairperson John Block, the former HOD of the Department of Transport, Roads and Public Works, Patience Mercia Mokhali, and the director of Babereki Consulting Engineers CC, Tshegolekae Motaung, were charged with fraud, corruption, money laundering, contravention of the Engineering Professions Act and contravention of the Public Finance Management Act in connection with a R51 million tender that was awarded for the construction of the Kimberley mental hospital.
The state indicated that it was unable to locate an engineer who could identify which portion of the work was allocated to each contractor.
State advocate Gesi stated that he would request the police to trace the engineer as he had retired.
“We are also engaging with the National Treasury, the Directorate for Priority Crimes Investigation and other stakeholders to extend the contract of the forensic auditor as the contract had expired in July or to appoint a new forensic auditor,” Gesi added.
He indicated that they could not selectively provide pages of the docket to the defence in the event that they might later “turn around” and accuse the State of withholding important information.
Herholdt Robertson, the legal representative for Mokhali and Motaung, pointed out that his clients had a right to a speedy trial.
“Since their arrest, the State is still not ready and the matter is supposed to be transferred to the Northern Cape High Court.”
He indicated that dockets should be provided to the defence free of charge.
“It would be more cost effective if the State can provide information that is only relevant to the accused.”
Kimberley Magistrate Kubashnie Padayachee noted that there were many charges and boxes of evidence.
She pointed out that sometimes the wheels of justice “turn a bit slower”.
She postponed the matter until December 6.