The Nulane investment case involving the Gupta brothers has been dismissed by the Bloemfontein High Court with the charges against the accused in the R24.9 million Nulane Investment fraud trial also falling by the wayside.
This comes after five of the six accused in the matter applied for discharge applications in terms of Section 174 of the Criminal Procedure Act. Section 174 states that an accused person may be acquitted of charges if the state fails to make its case.
The Nulane Investment case is the first state capture case from the National Prosecuting Authority’s Investigative Directorate (ID) to be taken to trial. It is also the same case in which the NPA failed in its bid to have the Guptas extradited from Dubai.
However, the NPA’s ID says it is weighing up its options on the matter with spokesperson for the ID, Sindisiwe Seboka, saying the directorate will have to reflect on the outcome.
This comes after Dr Limakatso Moorosi was acquitted by the Bloemfoten High Court in an application granted in terms of Section 174 of the Criminal Procedure Act brought by the accused.
Seboka in a statement said Section 174 states that an accused may be discharged at close of case for prosecution.
‘’If, at the close of the case for the prosecution at any trial, the court is of the opinion that there is no evidence that the accused committed the offence referred to in the charge or any offence of which he may be convicted on the charge, it may return a verdict of not guilty.
‘’We will be reflecting on the judgment with a view to determine legal avenues to explore. The outcome of this case has no bearing on our ability to prosecute other state capture cases. We remain resolute in our commitment and ability to vigorously prosecute those responsible for state capture and corruption,’’ says Investigating Directorate head, advocate Andrea Johnson.
She added that the NPA hopes that the legislative process to make the ID a permanent entity with expanded criminal investigative powers will be finalised as soon as possible.