Publication: Sapa Issued: Date: 2003-03-19 Reporter:

Yengeni's Actions Were Shocking : Magistrate

 

Publication 

Sapa

Date 2003-03-19

 

Former African National Congress chief whip Tony Yengeni's actions were described as "shocking" on Wednesday by the magistrate who sentenced him to four years' imprisonment for defrauding Parliament.

The politician had shown no true remorse, said Pretoria Specialised Commercial Crimes Court magistrate Bill Moyses.

Instead, Yengeni covered up the near 50 percent discount he received on a luxury 4x4 Mercedes Benz, and wasted taxpayers' money on a drawn-out legal battle,

"What makes the crime even more serious is the planning and ongoing deceit after the benefit became public knowledge.

"Not only did you not disclose the benefit, but thereafter covered up your tracks."

Yengeni's bail of R10 000 was extended pending his appeal against the sentence - which he described to reporters as "extremely harsh".

He pleaded guilty to fraud last month. In terms of a plea agreement with the State, he was in return acquitted of corruption.

The car deal was allegedly arranged by Yengeni's co-accused, Michael Woerfel, at the time head of the Pretoria representative office of Daimler-Benz Aerospace AG -- a bidder in the arms acquisition process.

Yengeni was then chairman of Parliament's joint standing committee on defence -- which oversaw the arms deal.

Yengeni's guilty plea also incorporated the fact that he helped draw up a false agreement of sale to try and explain the car deal, as well as lying in an advertisement he took out to proclaim his innocence.

All charges against Woerfel were withdrawn on Wednesday on the basis that they were the same ones Yengeni was acquitted of.

Moyses said the court did not detect any regret on Yengeni's part.

"You held this court at ransom for a long time with all sorts of fanciful defences," he said.

Referring to defence arguments that the politician "fell on his sword and showed remorse", the magistrate said: "It would rather appear you were pushed."

Yengeni's guilty plea did not help him much in mitigation, even though it saved some court time in the end.

"This was indeed a lengthy and costly expedition, and taxpayers' money was wasted," Moyses said.

Yengeni's resignation as MP two weeks ago was probably the only honourable thing the court could take into account in his favour, the magistrate added.

The resignation also went to show, however, that Parliament regarded such actions in a very serious light - contrary to Yengeni's contentions that it did not.

Moyses said Yengeni had abused his position of trust.

"Parliament is chosen by the citizens of this country, and they were all misled."

Parliamentarians were a nation's leaders and were supposed to set an example.

"I regret to say the example you set as chief whip of the ANC is shocking."

Moyses also dismissed defence arguments that a deterrent sentence was not necessary as members of parliament were honourable. "It is quite clear this is not true."

Yengeni's legal representative, Viwe Notshe, said the sentence would be challenged in the Pretoria High Court on the basis that it induced a sense of shock.

"The sentence is harsh and severe and bad in law," he told reporters. It could take up to six months for the matter to be enrolled.

Yengeni was imprisoned under section 276 1 (i) of the Criminal Procedures Act which means he could be considered for correctional supervision after serving one sixth of his sentence.

With acknowledgement to Sapa.