The defence has raised concerns about copies of emails obtained from the laptop of the former head of the Durban Solid Waste unit from the eThekwini Municipality, as they have the name of the lead investigator from the forensic company that investigated corruption, leading to the arrest of Zandile Gumede and 21 others.
This came up after the cross-examination of advocate Graham Kerr-Philips, who cast doubt on these emails and questioned their originality.
The ongoing trial has 22 accused facing multiple charges, including money laundering, racketeering, corruption, and contravention of the Municipal Finance Management Act and the Municipal Systems Act, related to a R300 million Durban Solid Waste (DSW) tender.
Before the State could start with its re-examination of a contract administrator, who cannot be named as per court order, advocate Jimmy Howse SC said the emails that the State witness had led her evidence on have the name of a lead investigator from Integrity Forensic Solutions CC (IFS).
The IFS is the forensic company that was outsourced by the eThekwini’s Integrity and Investigations Unit (CIIU) to investigate DSW tender irregularities after it received a stack of documents anonymously.
Howse, who is representing the former head of Supply Chain Management in eThekwini, Sandile Ngcobo, said he does not see how emails, which are a mirror image of Abbu’s laptop, would have the name of the investigator. The media is prohibited from naming the investigator as he is a State witness.
“The chain is disclosed in the docket. At the relevant time, it would be proved if they are in dispute,” counsel appointed by the National Prosecuting Authority (NPA), advocate Reshma Athmaram, said.
Gumede and Abbu’s counsel, advocate Jay Naidoo, reminded that all the exhibits were provisionally admitted. This means the authenticity of the document still needs to be proven at a later stage.
About Abbu’s medical report, Naidoo said he sent it to Judge Sharmaine Balton’s registrar, and he would like the court to guide him on the way forward.
Judge Balton said he would have a look at it, and it would be discussed on Wednesday.
On Monday, the court heard that Abbu was in an accident which resulted in a fracture of his spine and ribs. He was in court on Monday and is currently wheelchair-bound.
The trial continues on Wednesday.
