Trial of former top PRASA official accused of stealing railway line postponed yet again

Trial of former top PRASA official accused of stealing railway line postponed yet again

In Port Elizabeth’s Specialised Commercial Crime Court Centre, the theft and fraud case against Mthuthuzeli Swartz and Cape Town-based businessman Nadhir Syed Mohiudeen has been deferred till Tuesday.
Several times, the matter has been postponed.
Swartz was the acting CEO of the Passenger Rail Agency of South Africa’s Rail Division (PRASA). Mohiudeen is a Cape Town-based businessman. Both are accused of conspiring to sell roughly 42 kilometers of railway line in the Eastern Cape between Sterkstroom and Maclear. For the transaction, they allegedly earned R1.5 million.
Magistrate Nolitha Bara said she needed more time to consider a request by Mohiudeen’s lawyer, Advocate Paul Jorgensen, who wants the case postponed “to have further documents and particulars”.
He said “the accused was never called by his previous lawyer for a consultation in preparation for a trial”.
He said his client was not to blame for previous postponements which were caused by the Covid-19 lockdown and the death of Advocate Terry Price who had been representing Mohiudeen.
However, Swartz’s lawyer Advocate Mzwamadoda Mnyani said his client was ready for trial. M
nyani said, “My client vehemently opposes any postponement of the case.
The matter is old and dates back many years; as a result he seeks for a separation of trial.
He will be severely pre
judiced if the case is further postponed.”
“He holds an MBA and is not employed. Each time he goes for job interviews he is asked whether he has any outstanding court case.”
Mnyani also said the defence relies on witnesses and that memories fade. He said the witnesses may disappear as it is taking so long.
Public prosecutor Gerrit Van der Merwe said the state was ready to proceed to trial and it was opposed to a separation of the trial.
Van der Merwe said, “If the case is separated that means the state will have to fly in all witnesses and accommodate them for two cases.”
He blamed Mohiudeen for the delay.
“Accused number one has a legal background and is not unfamiliar with court procedures.
He brought in a new counsel well aware that the trial would commence within a week’s time.”
Fikile Mbalula is going after us for R2 million.
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