The state has been accused of suppressing information in the trial of businesswoman Shauwn Mpisane in the Durban Regional Court.
Rafik Bhana, SC, for Mpisane, said today the defence had less than half of the statements contained in the state’s docket.
Bhana said the state had not disclosed all the statements in its possession and had also failed to furnish the defence with all requested statements.
“The prosecutor cannot decide what is relevant and not relevant,” he said.
Bhana said Mpisane’s rights to a fair trial had been compromised.
He asked for time to make representations to the national director of public prosecutions (NDPP) regarding the conduct of the state and for the NDPP to consider the defence’s representations.
The matter was adjourned to July 22.
Mpisane is accused of inflating invoices by more than R5 million in an attempt to cut her tax bill.
She is also accused of violating the Close Corporations Act by remaining the sole member of Zikhulise Cleaning, Maintenance, and Transport CC when she had a previous fraud conviction.
She has pleaded not guilty.
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