Mining magnate Roger Kebble’s application to have charges of fraud, under the Companies Act, provisionally withdrawn against him was rejected in the Johannesburg Commercial Crimes Court on Monday.
Kebble applied for the withdrawal of the charges last week. They relate to the time when he was on the board of Durban Roodepoort Deep.
He contended that his arrest was unlawful and the prosecution malicious. He had appeared in court five times and on none of these occasions was the state able to say which crimes he was supposed to have committed.
Delivering his ruling on the application, Magistrate Hein Louw noted that Kebble had been arrested more than eight months ago.
However, the delay was partly due to the decision by the defence — in order to safeguard its interests — to appoint additional auditors for the forensic audit required by the state, said Louw.
He granted the prosecution a one-month postponement to August 28 to allow them to consult the forensic auditors and finalise the charge sheet.
The magistrate also ordered the prosecution to provide the defence with copies of the docket and the completed charge sheet within that time.
Louw warned the prosecution that failure to comply with the order would result in the case being dismissed. – Sapa