Trial of Gupta-linked associates for Estina R37m fraud postponed

The trial of two associates of the Gupta brothers linked to the R37.7 million Estina diary project has been adjourned to 20-22 November 2023.

Kamal Vasram and Saliesh Indurjeeth, who are out on bail, appeared in the Pretoria Regional Court this week.

The court is expected to hear testimony of the fifth state witness once it resumes later this year.

Vasram and Indurjeeth pleaded not guilty in March to the multi-million fraud case involving the failed Free State Estina project.

Charges

The pair face charges of fraud, contravention of Section 54(1)(A) of the International Trade Administration Act, and contravention of Regulation 22 of the Exchange Control Act charges arising from a joint investigation by Sars and the National Prosecuting Authority‘s (NPA) Investigating Directorate.

The charges arise from a joint investigation by the South African Revenue Services (Sars) and the Investigating Directorate (ID) into the failed Free State project.

A pasteurisation plant imported from India was invoiced to Estina by Gateway, an alleged Gupta front company in the United Arab Emirates (UAE).

All the charges stem from what the state called a money laundering scheme that involved a piece of overpriced second-hand farming equipment. 

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Evidence

In March, the court heard evidence from the state’s first witness, Piet Swart, a Sars investigator with over 40 years of experience.

Swart testified how the custom clearance document (SAD 500 and invoice), which included a customs declaration form, was submitted via Sars’ electronic data information (EDI) system by UTI as the clearing agent on behalf of Estina, to support a fraudulent VAT refund claim.

The documents related to nine shipping containers that carried different dairy equipment purportedly from Gateway Limited – an alleged Gupta front company in the United Arab Emirates (UAE).

Vasram and Indurjeeth were arrested early last year after they were “directly linked” to the failed dairy farm project.

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