Publication: Sapa Issued: Date: 2003-02-12 Reporter: Mariette le Roux

Yengeni Might Have to Conduct His Own Defence

 

Publication 

Sapa

Date 2003-02-12

Author

Mariette le Roux

 

Former African National Congress chief whip Tony Yengeni may have to conduct his own defence on fraud and corruption charges after a Pretoria magistrate declined to postpone his trial further on Wednesday.

The politician asked for another delay after his latest legal team withdrew and the possibility of a settlement agreement with the State fell through.

"(Yengeni) has had reasonable opportunities to obtain legal representation," ruled Commercial Crimes Court magistrate Bill Moyses.

"If a further postponement is granted, it would be a gross injustice not only to the State but also to accused number two (businessman Michael Woerfel) and the administration of justice as a whole."

Moyses let the matter stand down until Thursday morning for the State to provide Yengeni with all relevant documentation.

Viwe Notshe, SC, appointed as Yengeni's defence counsel last month, and prosecutor Gerda Ferreira earlier told the court settlement negotiations had failed.

Notshe informed the court: "I don't have instructions to proceed with the matter and I have no option but to withdraw."

Yengeni, addressing the court in Xhosa, asked for time to find new legal representation and "a chance to secure money... so I'll be in a position to pay them".

He pointed out through an interpreter that the Legal Aid Board had dismissed his application for assistance, as well as an appeal against that decision.

Ferreira opposed another postponement.

She said the State had already arranged for witnesses and a German interpreter to be present at court. Mercedes Benz SA managing director Christoph Köpke, who was scheduled to testify on Wednesday, had cancelled a business trip to be present.

Moyses said a person's Constitutional right to legal representation was limited by other factors of fairness.

Yengeni first appeared in the court in October 2001, shortly after his arrest. The matter was remanded on numerous occasions, and then set down for trial in May 2002. At that stage, the defence was not ready, and a new trial date was set for July 9 to 26.

That trial date was also not honoured due to legal wrangling over the charge sheet, and the matter was adjourned to January 16 for the trial to start. On that day, however, Notshe asked for more time to prepare because he had just been appointed. Yengeni's previous legal team allegedly withdrew because he owed them about R800 000.

The matter was then due to proceed on Monday, but was again delayed to allow Yengeni time to seek a settlement with the State.

On Tuesday, Moses ruled that the trial had to get underway the next day if no settlement was reached. Despite that order, negotiations continued until well past noon on Wednesday.

Yengeni faces a charge of corruption for allegedly buying a luxury 4X4 Mercedes at a 47 percent discount in return for using his influence to "market" the products of Daimler-Benz Aerospace AG or Daimler-Benz Aerospace SA.

He faces an alternative count of fraud for failing to disclose the benefit to Parliament.

Woerfel, then head of Daimler-Benz's Pretoria representative office, is charged with corruption for allegedly arranging the car deal.

Daimler-Benz was the manufacturer of the AT2000 --- which was at the time being considered with two other aircraft in South Africa's search for an advanced light fighter aircraft as part of the arms acquisition process.

Both men face a charge of fraud for alleged false representations made in the agreement of sale drawn up for the car deal.

They have pleaded not guilty.

On Wednesday, Ferreira prosecuted instead of Jan Henning, SC, who was admitted to hospital with chest pains overnight.

ANC Women's League president Winnie Madikizela-Mandela attended Wednesday's proceedings at the side of Yengeni's wife, Lumka.

With acknowledgement to Mariette le Roux and Sapa.