Judgment Expected in Yengeni Bid for Detail |
Issued | Pretoria |
Date | 2002-07-26 |
Reporter | Mariette le Roux and Sapa |
Pretoria's Commercial Crimes Court will on Friday give judgment in an application by former African National Congress chief whip Tony Yengeni for further particulars on the fraud and corruption charges against him.
The trial of Yengeni and businessman Michael Woerfel was on Thursday postponed yet again when the application was made.
Magistrate Bill Moyses said he would rule on Friday.
Yengeni's legal team claimed a corruption charge could not stand if the State was unable to prove what their client intended doing in return for receiving an alleged benefit from Woerfel.
However, the State argues it need not prove a specific act. It would rely on the circumstances of the case to prove that Yengeni intended furthering the interests of Woerfel's company and "facilitate" the marketing of its products.
Hilton Epstein, SC, on Thursday asked for the full details of the "circumstances" to be relied on by the State in drawing its inferences.
The defence could not prepare a proper case without these details, he argued.
Yengeni faces a charge of corruption for allegedly buying a luxury Mercedes Benz 4x4 at a 47 percent discount in return for using his influence to "market" the products of DaimlerBenz Aerospace AG or DaimlerBenz Aerospace SA.
Woerfel, then head of DaimlerBenz's Pretoria representative office, is charged with corruption for allegedly arranging the deal.
Both men face a charge of fraud for alleged false representations made in the agreement of sale.
The trial was initially scheduled to run from July 9 to Friday this week, but was delayed by extensive legal wrangling over the charge sheet --which the defence contended did not disclose an offence.
With acknowledgement to Mariette le Roux and Sapa.