The corruption trial of former crime intelligence boss Richard Mdluli and two co-accused has been postponed to November 16. Mdluli was booked off sick, prompting the delay. The trial was set to continue with a trial within a trial to determine the admissibility of documents obtained during the investigation into the alleged abuse of the police secret services slush fund. Mdluli, along with Heine Barnard and Solomon Lazarus, faces 19 charges, including corruption, fraud, and theft.
The charges relate to the alleged misuse of the crime intelligence slush fund between 2008 and 2012. Mdluli and his family are alleged to have benefited from the fund, with allegations including using state funds for private trips to China and Singapore. The state also claims that Mdluli's private townhouse was leased to the state as a safe house, with rental income used to pay Mdluli's home loan. His family members are alleged to have been appointed to crime intelligence positions despite lacking qualifications.
The current trial within a trial centres on the legality of three search warrants and the admissibility of documents obtained from properties in Brackenfell and Brooklyn. The defence is challenging the evidence obtained through these search warrants. Retired Col Kobus Roelofse testified on Monday about his investigation into Mdluli's connection to the 1999 murder of Oupa Ramogibe. Ramogibe was allegedly murdered after becoming involved with Mdluli's customary-law wife.
Roelofse said that after Mdluli's arrest, crime intelligence officials came forward with information about alleged corruption within the division. This led to a wider investigation into the alleged misuse of the secret fund. Mdluli was previously found guilty of kidnapping, assault, and intimidation related to the Ramogibe case but was not convicted of murder.
The defence is seeking to have some of the evidence excluded from the main trial. The prosecution and defence teams are contesting the admissibility of evidence obtained through the search warrants. The trial's postponement allows both sides to prepare for the next phase of the trial.
The allegations against Mdluli and his co-accused include contravening the Prevention of Organised Crime Act and defeating the ends of justice. If convicted, they could face significant penalties. The case has been ongoing for several years, with the prosecution presenting various witnesses and evidence.
The court will resume proceedings on November 16. The trial's outcome will depend on the evidence presented and the arguments made by both the prosecution and defence teams. Mdluli and his co-accused have pleaded not guilty to all charges.
Key points
- The trial within a trial is centred on the legality of search warrants and the admissibility of evidence obtained from properties in Brackenfell and Brooklyn.
- Mdluli and his family are alleged to have benefited from the misuse of the crime intelligence slush fund, including using state funds for private trips and occupying a witness protection house for personal use.
- The defence is seeking to have some of the evidence excluded from the main trial, citing issues with the search warrants and evidence obtained.
