Roger Kebble, chairperson of JCI, said on Thursday he would seek a high court order setting aside the charges he faces stemming from a “dirty-tricks campaign launched by Mark Wood, chief executive of Durban Roodepoort Deep”.
He also said the high court action was one of a series of court actions he intended to mount that would result in those responsible for the false allegations being punished and the justice system cleaned up.
“More than nine months after I was arrested without being charged and after an exasperated magistrate finally gave the State an ultimatum to produce a charge sheet or drop the case, I now know I face trumped up charges of fraud that can be easily disproved,” said Kebble.
The charges relate to payments between Durban Roodepoort Deep (DRD), of which Kebble is former deputy chairperson; Global Economic Research, an organisation owned by Ronnie Watson; and a closed corporation owned by Kebble called Skilled Labour Brokers (SLB).
“They have made allegations against me of fraud and theft without even speaking to Ronnie Watson, other witnesses or me. I have already provided the authorities with independent evidence that clearly accounts for every cent that went through SLB and attesting that I did not benefit at all,” said Kebble. “Under these circumstances I am astounded the prosecution is trying to continue with the case.
“I can only assume it is because of monumental incompetence, yet more undue influence being brought to bear by Associated Intelligence Network (AIN) a shady company that has already played a murky role in this prosecution, or an agenda emanating from the prosecuting authority designed to keep a cloud of suspicion over me.
“It seems the prosecuting authority has realised it has got itself into a world of trouble by proceeding with this case in the first place. If it backs down now it and all the people involved will face massive claims for damages.
“So they decided they might as well be hung for a sheep as a lamb and produced these ridiculous charges for tactical reasons. If the case had been dropped earlier by the prosecution I would have proceeded only against DRD and AIN for damages.”
Kebble said the next step would be to seek to have the charges set aside in the High Court.
“Justice is not being served in allowing this case to continue,” he said. “I will have no difficulty demonstrating mala fides on the part of certain people. The prosecutors already have evidence that shows if a trial takes place I will be proved innocent.
“However, this is a lengthy and embarrassing process, which is exactly what Mr Wood of DRD and his cohorts want. As long as court action is still under way they can impugn my reputation and delay the moment when they have to face retribution.
“It is a national scandal that the prosecuting authority is assisting this charade. I believe that we have a duty to make a High Court application and air this matter in public.
“Judging by recent events, the prosecuting authority seems to have a nasty habit of arresting people in a manner designed to garner sensational headlines and then after many months of trial by media and once the victim is supposedly sufficiently softened up, to produce trumped up charges in order to initiate a farcical plea bargaining process.
“The prosecuting authority has enormous power that, if abused, can have devastating consequences ruining reputations, careers and lives. I am rapidly coming to the conclusion that individuals in the prosecuting authority use the office to settle political and commercial scores.
“This is a terrifying trend that could, if left unchallenged, undermine democracy in this country.
“Because of this it is unavoidable for the State together with any corrupt employees of the State to be joined in what will become a watershed in the cleaning up of the justice system in this country.
“The first of these processes will be an action to have the charges set aside in the High Court on account of the litany of corruption and perversion of justice which surrounds this matter.”
Kebble’s attorney, Sharon Wapnick of Moss Morris, said: “The content of the charge sheet is so inaccurate that it can only be the result of a tactical agenda on the part of the State. The consequences for those responsible will be very severe once the true facts are placed before a court.”
Lourens van Staden of Tabacks attorneys, who is acting for JCI, said that after studying the charge sheet he was “extremely surprised” that the case was going ahead.
“Frankly, the charge sheet is a disgrace and I do not say that lightly. I know this case very well and it seems the prosecutors have deliberately closed their eyes to independent historical banking evidence that shows there is no basis for the alleged charges.
“I can only conclude the charge sheet was produced in order to avoid the matter being struck from the roll and in the scramble to produce it, the facts were ignored.”
Van Staden said although Kebble will next appear in court on February 2 2004, any trial would probably only take place late next year. In the meantime Kebble is under an unwarranted cloud of suspicion.
“Because of this we must seek to have the charges set aside in the High Court. This is something we would only do when we have absolute evidence of outrageous breaches of procedure and concrete evidence of corruption in the prosecuting process. As it is I believe we have a very good case to have the charges thrown out,” he stated. — I-Net Bridge