Alleged Gupta brother associates acquitted in Nulane Investments fraud and money laundering case, as court grants Section 174 discharges. Image: Twitter/@NPA_Prosecutes.
Nulane: NPA appeals dismissal of landmark State Capture case
The NPA Investigating Directorate filed an application to appeal against the judgement in the Nulane Investments case.
Alleged Gupta brother associates acquitted in Nulane Investments fraud and money laundering case, as court grants Section 174 discharges. Image: Twitter/@NPA_Prosecutes.
On Monday, 8 May, the NPA Investigating Directorate (ID) submitted an application to appeal against the judgement handed down in Nulane Investments matter – the first State Capture case to go to trial – that saw the accused go free.
READ: NPA ID to appeal dismissal of first State Capture case
Nulane challenge court be hard in Supreme Court of Appeal
Judge Gusha discharged seven of the accused in terms of Section 174 of the Criminal Procedure Act and acquitted one in the Bloemfontein High Court in a judgement issued on 21 April.
The high-profile case was built around a R25 million tender awarded to Nulane to conduct a feasibility study. Several Gupta brother associates were among the accused.
READ: NPA not licking its wounds after first State Capture trial goes bust
Gusha’s judgement was based on a verdict from February that ruled the State submitted documents that were inadmissible as evidence against the accused.
If the NPA IDs application is successful, the appeal could be heard by either a full bench in the Bloemfontein High Court or the Supreme Court of Appeal.
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NPA arguments against the judgement
The NPA ID claims Judge Gusha erred in the interpretation and application of the law, including the best evidence rule, the cautionary rule and the doctrine of common purpose.
The ID argued that the judge’s decision to discharge the accused was a misdirection, contrary to legal precedent, and prejudicial to the State.
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They also argued that the judge deviated drastically from the parameters of the test for a discharge in terms of Section 174 of the Act, which resulted in a miscarriage of justice.
The NPA ID believes there are reasonable grounds that another court would reach a different conclusion.
“The ID is mindful of the court process and will not be commenting on the application filed,” said the NPA ID.
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