‘The Gupta family wants selective treatment of the law’, inquiry hears

Ajay Gupta’s refusal to return to South Africa to testify at the Commission of Inquiry into State Capture and his request to give his version via a video link is designed to “exculpate himself” and not “go to the truth of allegations” of corruption he faces.

This is how advocate Vincent Maleka, who acts for the commission, described the bold move by the Gupta family patriarch to impose conditions on his participation at the commission chaired by deputy chief justice Raymond Zondo.

Ajay also wants the right to cross-examine former government spokesperson Themba Maseko and ex-ANC MP Vytjie Mentor, who have both implicated him in scathing allegations of state capture.

Ajay, who fears returning to SA as he might be arrested by law enforcement agencies if declared a “fugitive from justice”, says the inquiry cannot make “objective findings and conclusions” if he isn’t afforded the right to cross-examine witnesses.

However, Maleka says Ajay’s reason for cross-examination is to “browbeat” witnesses, which might impact the willingness of future witnesses to give evidence to the commission.

“The Gupta family wants selective treatment of the law. We don’t find allowing the Gupta video evidence to be in the interest of justice. It would be convenient for the Guptas but it won’t be convenient for the commission and public.”

Maleka says it’s understandable in circumstances when a fugitive – like a whistleblower who holds vital evidence that might assist the commission – flees the country. “Then you’d say evidence of this individual is in the best interest of commission. Nothing of this sort arises in the Ajay Gupta case.”

Zondo says he will make a decision on whether to grant or reject Ajay’s requests early next week.

Ajay’s mistrust of the Hawks

Ajay’s lawyer Mike Hellens says Ajay is not prepared to appear in person before the commission in Johannesburg but is prepared to give his version of events to the commission’s evidence leader in another location outside SA or via a video link from Dubai.

Hellens says Ajay harbors mistrust in the “incompetent and reckless” Hawks and National Prosecuting Authority as the institutions have failed to indicate exactly what they want to charge him for or if there is a warrant for his arrest.

Read: Ajay Gupta sets own terms for participation in state capture inquiry

Maleka believes that is not a lawful reason for Ajay to not want to come back to SA as the law protects citizens from any reckless behaviour by law enforcement agencies. The commission might face a huge cost burden if its evidence leaders travel to Dubai to meet him there, says Maleka.

It is estimated that the commission will cost R250 million in taxpayer money in the first six months of its work.

“Financial resources have become scarce. Can you imagine the public outcry that you [Zondo] as the chairperson [of the commission] will have to face when you seek additional financial support from the executive to fund a trip to Dubai to go hear the evidence?”

Maseko accused Ajay of pressuring him to channel government’s annual R600 million advertising budget to the now-defunct The New Age newspaper and ANN7 television station, formerly owned by the Gupta family. Meanwhile, Mentor says Ajay offered her the public enterprises minister post in September 2010 at the infamous Gupta compound in Saxonwold, Johannesburg.

Maleka says Ajay has highlighted eight problematic issues and facts in Maseko’s testimony. “They are all denials. Are we going to Dubai to listen to denials? It won’t be in the best of the commission’s interest.”

Risk to commission

The commission’s legal team has also taken umbrage with Ajay not stating his requests or submission to it under oath.

Says Maleka: “If we arrange video testimony for the Gupta brothers, what if they commit perjury? You will be left on evidence and cannot compel them to it. They’ll wake one day and decide not to participate in the inquiry. They might choose to disengage as you won’t have the power to compel them.”

Zondo stated that if the commission finds that Ajay committed crimes – and recommends his prosecution when SA doesn’t have an extradition treaty with Dubai – then its recommendations “wouldn’t be worth anything” anyway.

Maseko agreed with Zondo, saying that it would make a mockery of the evidence already submitted to the commission by Maseko and Mentor as well as former deputy finance minister Mcebisi Jonas, who also claims that he was offered cabinet posts by Ajay.

Source: moneyweb.co.za