Asbestos corruption trial: Introduction of new evidence causes conflict between lawyers

JOHANNESBURG - Proceedings in the asbestos corruption trial are off to a tough start on Wednesday morning as lawyers go at each other over the introduction of new evidence.

It's day three of the trial within a trial set to determine if the Bloemfontein High Court has jurisdiction to try one of the accused in the matter.

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Former Free State Premier Ace Magashule’s ex-PA Moroadi Cholota is challenging her extradition from the United States (US) in 2024, which she says was unlawful.

At the close of business on Tuesday, Magashule’s lawyer introduced new evidence in the form of a recording of an interview by Hawks investigators, FBI agents, and Cholota.

Cholota’s lawyer told the court that she only had sight of the transcription the day before but had not considered cross-examining the first witness on it because she didn’t have enough time to add it to her cross-examination.

Hoping to stop the cross-examination of one of the lead investigators now, State prosecutor Advocate Johan de Nysschen accused Magashule’s lawyer, Advocate Lawrence Hodes, of throwing Cholota under the bus.

He said the transcription won’t work in Cholota’s favour, further casting aspersions on the authenticity of the recording.

Hodes hit back, accusing De Nysschen of prosecutorial misconduct.

The court is yet to decide if Magashule can go ahead with cross-examining lead investigator Benjamin Calitz.