The trial of the VBS Mutual Bank heist is in the public interest and should begin as soon as possible without delays. This is because the victims who lost their monies need to know what is happening in the case.
An application to be tried separately from the rest of the accused in the VBS Mutual Bank case is nothing but a Stalingrad tactic.
State prosecutor argues against application
These are the arguments from state prosecutor Advocate Hein van der Merwe. He said this during proceedings at the Pretoria High Court on Wednesday. This was in his bid to oppose a separate application brought by ANC bigwigs Danny Msiza and Kabelo Matsepe. The two are co-accused in the VBS Mutual Bank heist case.
Alleged business partners Msiza and Matsepe want their case to be separated from that of the other accused.
Msiza and Matsepe have been charged with their many other co-accused in the R2.3-billion VBS Mutual Bank heist. They have asked the Pretoria High Court to temporarily stay their prosecution. This is pending the finalisation and application of the leave to appeal to the Supreme Court of Appeal (SCA). Also for a separation of their case from the 11 other co-accused.
Msiza and Matsepe are represented by Shaun Abrahams in the case. Abrahams is the former head of the National Prosecuting Authority (NPA).
Defence cites key documents as reason for application
During proceedings on Wednesday, Abrahams said Msiza and Matsepe should be granted a stay of prosecution. He said this was because they have not received all key documents from the state.
Abrahams said his clients need to prepare a strong defence. For this they need to be in possession of all documents from the state, he said.
He added that Msiza and Matsepe should be tried separately. This is because there is a possibility that they will challenge the SCA at the Constitutional Court if the SCA dismisses their appeal. Thus delaying the start of the trial.
Abrahams said his clients also want to bring an application to challenge the veracity of the charges. He said all these interlocutory applications might delay the start of the trial. Thus his clients should be tried separately so that the other 11 accused are tried without delay.
Not in the interest of justice
Van der Merwe said it is not in the interest of justice for the state to duplicate its resources and have two trials with two judges.
He said the court should dismiss Msiza and Matsepe’s applications and order the trial to start immediately.
Jugde Peter Mabuse reserved judgement and postponed the matter to Friday for judgement.
To date, only Tshifhiwa Matodzi and Phillip Truter have been found guilty and sentenced in relation to the VBS heist. Matodzi is former VBS Mutual Bank chairperson and Truter is former VBS chief financial officer (CFO).
In July this year, the Pretoria High Court sentenced Matodzi to a 15-year jail term on each of the 33 counts. They are corruption, theft, fraud, money laundering, and a pattern of racketeering activities. This in contravention of the Prevention of Organised Crime Act in relation to the VBS Mutual Bank collapse scandal.
Board chair Matodzi jailed for 15 years
Matodzi pleaded guilty and entered into a plea bargain with the state. The sentences will run concurrently for an effective 15-year jail term. Matodzi was also declared unfit to possess a firearm.
He was arrested alongside several other VBS employees in June 2020. These included VBS CEO Andile Ramavhunga, Truter and former treasurer Phophi Mukhodobwane. Also former non-executive board members Ernest Nesane and Paul Magula.
Truter was sentenced to 10 years imprisonment, three years suspended for five years, in 2020. This after pleading guilty to six counts of fraud, corruption, money laundering and racketeering. All in relation to the looting of the bank.
Truter was the first person to be arrested in relation to the VBS looting scandal in 2020.
He was released on parole in July this year.
In Matodzi’s affidavit which he submitted to the state in the plea bargain, he implicated Msiza and Matsepe.
