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Defence wants charges against R54 million MTN fraud accused dropped

JOBURG – The defence advocate said the state's multiple postponements in a multi-million-rand fraud case prove that they are not ready for the case.

The defence asked the state to drop charges against fraud accused Brendan Ruth Moshabane last week.

Moshabane stands accused of allegedly stealing R54 million from MTN, where she was employed as an accountant. She was arrested by the Hawks in April and is currently out on R200 000 bail.

READ: Alleged MTN fraudster Brendan Ruth Moshabane granted R200 000 bail

On 19 October, Moshabane made a brief appearance in the Johannesburg Specialised Crime Court and state prosecutor Advocate Bongani Chauke requested a further postponement.

This time, the postponement was to allow Chauke time to look at the case docket and draft a charge sheet that he can submit to the defence.

He said he also wanted to consult with witnesses. The defence objected to another postponement.

READ: 54 million fraud accused cries bankruptcy, accuses state of delaying tactics

Advocate Corné Lindeque told the court that the state’s postponements were a waste of time and money that the accused didn’t have. He said the accused struggles to make ends meet and finds it hard to provide for her family as the state has frozen her every cent.

READ: Alleged MTN fraudster launches bid to have some of her money unfrozen

“The state must withdraw charges and can subpoena the accused back to court once they have all their ducks in a row,” Lindeque said.

In response, Chauke said the withdrawal of charges was not an option that the state would consider. He said this was no ordinary matter. Moshabane is facing 90 charges and the magnitude of the crime must be considered.

“I can’t quickly draft a charge sheet. We are not talking about one charge here. I need to look at the matter meticulously.”

Chauke maintained that the postponement by the state was reasonable and said it would only be fair that the state be afforded a further postponement.

He also told the court that the matter was not an old one. “This is not an ordinary matter. It involves volumes and volumes of work,” Chauke said.

Magistrate Brian Nemavhidi granted the state the postponement. The matter will be back in the Johannesburg Specialised Commercial Crimes Court on 4 December.

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