The second state witness took the stand in the Ace Magashule corruption trial-within-the-trial case on Wednesday.
Hawks investigator Nicholas Gerber was one of two officers who met with Maroadi Cholota while she was in the USA in September 2021.
She was eventually extradited to South Africa to join her co-accused, who include the former Free State premier and ANC secretary general.
The Free State High Court in Bloemfontein is hearing the R255 million asbestos roof removal corruption case trial-within-a-trial after it resumed on May 21.
Judge Phillip Loubser had adjourned proceedings to allow the prosecution to bring its next witness.
The state is trying to prove that Cholota’s extradition to South Africa was lawful.
Initially slated as a potential state witness, Cholota was charged after allegedly refusing to implicate Magashule in the alleged corruption.
The first state witness described her as “aggressive and uncooperative” in the 2021 interviews, a claim Cholota’s lawyer, advocate Loyiso Makapela, refuted as a “false narrative”. He alleged that investigators tried to coerce his client into incriminating herself and Magashule.
Gerber told the court that they started to view Cholota as a suspect when it became clear that she was not willing to give authorities a statement as a state witness.
Gerber denied allegations that Cholota was pressured to implicate Magashule. He stressed that the purpose of the meeting was to take a statement from her to corroborate the information the state already had.
The trial-within-a-trial seeks to establish if the court has jurisdiction to try Cholota, who is Magashule’s former personal assistant.
Cholota argues that her extradition was unlawful.
The officer told the court that they bent over backwards to ensure that Cholota was comfortable. He said they even invited a female Federal Bureau of Investigation (FBI) Agent into the room to ensure Cholota was not in the interrogation with only male officers.
Senior Counsel Laurence Hodes, representative Magashule and Edwin Sodi referred to comments reflected in the interview transcript as a personal attack.
On May 14, the National Prosecuting Authority’s Asset Forfeiture Unit secured an order to seize assets worth R32 million from the accused, excluding Magashule.
Tensions have previously risen in court, prompting the presiding officer to intervene to manage disputes between the state and the defence.
The main trial has been postponed to June 4 2025. Loubser said the circumstances of the case are extraordinary. He has allowed the other accused to be absent while the trial within the trial part is pending.
“It is costly for the other accused in the main trial to continue appearing in court for the trial within trial, as they come from different parts of the country,” Loubser had argued.
Also Read: Court rules Ace Magashule’s lawyers can grill investigator
Court freezes R32m assets linked to Free State asbestos graft case
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