The defence on Friday called James Motsoko, employed by Malema's company SGL Engineering Projects as a driver, to testify in its bid to show the court that the National Prosecuting Authority (NPA) was not ready to proceed with the case.
Malema's lawyer Tumi Mokwena said the NPA "manufactured" the case by writing a statement on Motsoko's behalf and demanding he sign it. The statement contains information about how the expelled ANC Youth League leader started using a Mercedes-Benz Viano after he lost his Range Rover to the South African Revenue Service.
Motsoko told the court the car was registered in his name and that he did not know Malema.
"I do not know Sello Julius Malema," Motsoko said. "You do not know Malema?" a surprised magistrate Mohammed Shaik asked Motsoko. Prosecutor Billy Moalusi opted not to cross-examine Motsoko.
"In the interest of justice, it will be fair if the state is given an opportunity to prepare regarding a responding affidavit." The trial continues.
NPA 'not ready'
Earlier, the court head that Malema's case should be struck off the roll and a "reasonable" trial date be set. Malema's lawyer Tumi Mokwena accused the NPA of not being ready to proceed with the case.
"The prosecution never consulted clearly on the matter and has failed to come up with a reasonable trial date. "The NPA has failed," Mokwena said.
He asked the court to instruct the NPA to consult with the defence about the trial date. Earlier, the state proposed the trial date be set for November 18 to 29.
Mokwena said the proposed date was a sign Malema's trial would not be fair. "It must commence within reasonable time, these are the rights," he said. Malema, the ANC Youth League's former president, is out on bail of R10 000 and faces charges of fraud, corruption, money-laundering, and racketeering.
His co-accused are his business associates Lesiba Gwangwa, Kagisho Dichabe, Helen Moreroa, and Makgetsi Manthata. They are out on R40 000 bail each.
Earlier, defence lawyer Michele Gioia said the state's November dates would be opposed. There would not be sufficient time to deal with the 60 witnesses and over 11 000 pages of evidence that could be necessary at the trial, he told the court.
Gioia claimed the trial date was illegally communicated and that the defence was not consulted. Prosecutor Billy Moalusi said it was the state's duty to determine the trial period, rather than the defence's.
Magistrate Mohamed Shaik gave the accused formal notice of the trial date, before the matter was adjourned to 2pm. Mokwena accused the state of employing delaying tactics. – Sapa