A Cape High Court judge on Friday reserved his ruling on an application by the state, which, if successful, could see two LeisureNet bosses face a retrial on some charges.
Former joint chief executives Peter Gardener and Rod Mitchell were sentenced in April to an effective eight and seven years in jail respectively on R12-million fraud charges related to a dodgy German gym deal.
They are on bail pending an appeal against both conviction and sentence.
However, the state has now challenged the decision by acting Judge Dirk Uijs to acquit them on other charges they faced — of money laundering and contraventions of income tax law and the Companies Act.
On Friday, the prosecution team argued an application before Uijs for ”reservation of questions of law”.
If Uijs grants it, the state will be able to go to the Supreme Court of Appeal (SCA) for a ruling on points of law, as opposed to fact, in his original judgement.
The SCA may, if it accepts the state’s arguments, refer the matter back to the high court for a retrial on the disputed charges.
That retrial would be heard by another judge.
Gardener and Mitchell opposed the application. — Sapa