Yengeni may Conduct Own Defence in Xhosa |
Publication |
Business Day |
Date | 2003-02-13 |
Reporter |
Chantelle Benjamin |
Web Link |
Former African National Congress (ANC) chief whip Tony Yengeni may conduct his own defence on fraud and corruption charges when he appears in the Pretoria Commercial Court today, after a magistrate turned down his request yesterday for time to find new legal counsel.
In a day of high drama, Yengeni's legal team his second since the start of his trial withdrew after it was unable to reach a plea agreement with the state, despite last-ditch negotiations at the court that lasted until lunch time.
The proposed settlement is believed to have involved Yengeni pleading guilty to some of the charges against him, and he is understood not to have been pleased with the proposal.
ANC Women's League president Winnie Madikizela- Mandela arrived at the court accompanied by a bodyguard to lend Yengeni and his wife, Lumka, her support. She waited with the couple through nearly four hours of negotiations.
So did the state witnesses, who arrived at the court only to be told there was yet another delay in a trial that began in October 2001 and has seen five postponements.
The legal team for Yengeni's co-accused, Michael Woerfel of European Aeronautic Defence and Space Company, said it was ready to proceed, as did state prosecutor Gerda Ferreira.
Yengeni, who requested an interpreter and made his statement in Xhosa, asked for a postponement to seek new legal counsel and to give him time to "secure the money (for attorneys) so that I will be in a position to pay them".
Magistrate Bill Moyses declined Yengeni's request for a postponement, despite the politician reminding the court that he had unsuccessfully applied for legal aid.
"If this case was further postponed, it would be a grave injustice, not just to the state, or the second accused, but to the administration of justice as a whole," Moyses said.
Moyses said he would allow the state to supply Yengeni with "all relevant documents in this case" and ordered the politician to appear today to proceed with the case.
Yengeni's counsel, Viwe Notshe, presenting his reasons for withdrawing from the case. said: "No mutually acceptable proposal has been reached. We have no permission to proceed with the trial and so we are left with no other option but to withdraw."
Notshe and consulting attorney Brian Mashile then left the stunned court room.
After Yengeni's first appearance in 2001, the trial date was finally set down for May last year, but the defence said on the day it was not ready and the matter was postponed to July 9.
On that day, the trial was delayed again after Woerfel and Yengeni objected to the charge sheet. The objections were taken to the Pretoria High Court, which deliberated for nearly three weeks before adjourning the case to January 16 this year.
The case was once again postponed after Notshe asked for time to prepare because he had just been appointed. Yengeni's previous legal team allegedly withdrew because he owed R800000 in legal fees.
The trial was due to start on Monday, but was postponed because of settlement negotiations between Yengeni and the state.
Yengeni and Woerfel are facing charges relating to a 47% discount on a luxury Mercedes-Benz 4x4 allegedly given to Yengeni in return for his support for Woerfel's company in the arms deal .
Yengeni was chairman of Parliament's joint standing committee on defence at the time.
With acknowledgements to Chantelle Benjamin and Business Day.