THE R1.8 billion fraud and corruption case against former Bosasa chief operations officer (COO) Angelo Agrizzi and three of his co-accused is yet to get off the ground.
Agrizzi made headlines at the State Capture Commission of Inquiry by implicating government officials and politicians in illicit deals.
His case was before the Gauteng High Court, Pretoria, on Tuesday, where he joined the proceedings virtually.
His case was provisionally postponed to June 12, after his lawyer told the court that there were still preliminary issues to be sorted out. Lawyer Cliff Alexander did not elaborate on these issues.
The trial of his three co-accused, former Bosasa executive Andries van Tonder, former correctional services chief financial officer Patrick Gillingham, and former correctional services commissioner Linda Mti, was also provisionally postponed to June 12.
The court was told in their cases that they were in the process of lodging an application against the Assets Forfeiture Unit for “living and legal costs”.
This comes after the Asset Forfeiture Unit (AFU) temporarily attached assets worth more than R53 million, including bank accounts, which are claimed to be linked to the Bosasa corruption saga.
The court was told that the three accused had earlier launched an urgent application against the AFU for it to release funds for their living and legal expenses, but the application was struck off the roll due to a lack of urgency.
They are now yet again launching an application on the normal court roll. No date has yet been set for this hearing, and the AFU, which is opposing this application, has not yet filed their opposing papers.
The court was told that it is hoped that the application against the AFU would have been finalised by June when the accused are due back in court.
Alexander, meanwhile, told the court that Agrizzi is not well. He appeared via a TV link to join the proceedings, with his oxygen mask alongside him.
The court earlier allowed for Agrizzi to join the court proceedings virtually in light of his ill health. This was after the State called for an inquiry regarding the continued delay in the case as Agrizzi time and again failed to appear in court.
This is in terms of the Criminal Procedure Act, which states that a court before which criminal proceedings are pending shall investigate any delay in the completion of proceedings which appears to the court to be unreasonable and which could cause substantial prejudice to the various parties involved.
His defence team at the time told the trial court that it was clear that, in view of his medical and health condition, together with the approximate 49 days that he spent in ICU and/or high care until his discharge in December 2020, Agrizzi was clearly in no condition to attend court.
His trial was later separated from that of his three co-accused so that they could receive a speedy trial. Medical experts have expressed the view that Agrizzi cannot physically attend his court hearings in person on account of his medical condition.