Mephisto_Helix
Resident Postwhore
- Joined
- Jan 29, 2008
- Messages
- 29,734
article link - http://www.thetimes.co.za/News/Article.aspx?id=904735
He'd have problems taking much money with him and would have to go somewhere he cannot be extradited. In addition whatever country he went to would have to have a revenue service that did not care. Otherwise the local guys would be keeping a very close eye on him.They sure are treating him like s**t & it seems a bit unfair. With that much money, I'd make a run for it!
we all have to pay the piper whether we do it thru an honest days's job or exploiting women!
Self indulgent, over sexed, carnivorous, drunken farts, sies!!! Teazers egg special, 500g lazy aged rump steak, 24 Amstels, sounds like a party of 2 unless the other guests were eating the ladies10k later, thanks for coming... figuratively and literally...
![]()
Dave King is not entitled to a free copy of the 196 400-page docket in his R2,5bn tax evasion trial, but can receive privilege information relating to evidence serving as a motivation to the charges.
Judge Ronnie Bosielo dismissed King's application for an order that he was entitled to a copy of the docket free of charge and that the National Director of Public Prosecution's (NDPP) policy of charging accused for copies of dockets was unconstitutional. King will have to cough up R1 per page should he still want the docket.
The judge at the same time ordered the NDPP to provide King with a full description of each and every document in two sections of the docket to which they had refused King access.
They must also provide King with a statement of the precise basis upon which the state denies him access to each of those documents.
Judge Bosielo described the latest legal battle as "yet another one of the many legal skirmishes fiercely fought out between the applicant and respondent in a drawn-out legal battle".
"There is no dispute that the ultimate trial herein is going to be not only a marathon trial but a bitterly fought battle between two titans," he said.
King is facing 322 counts of fraud, money laundering, racketeering, tax evasion and contravention of Exchange Control Regulations. The indictment alone consists over 800 pages.
King claimed the state's refusal to give him a free copy of the docket amounted to unfair discrimination simply because he was wealthy, but the NDPP said it would be perverse to give King, who was litigating on a luxurious scale, a free copy of the docket at the expense of the taxpayer.
Judge Bosielo said he was not persuaded that King's right to a fair trial would be adversely affected or compromised if he was ordered to pay for his copy of the docket.
"This is not a case of an indigent accused who, if not assisted by the State to obtain a copy of the docket free of charge, may be forced to conduct his or her trial without the docket.
"...It is common cause that since the beginning of this case the applicant has had a battery of lawyers representing him... The conclusion is inescapable that the applicant can afford to pay for his team of legal representatives.
"One need not be a rocket scientist to realise that the fees payable to his legal team are far in excess of what he is required to pay for his copy of the docket.
"...I am also not persuaded that the manner in which this policy was applied to the applicant is inconsistent with the constitution. On the contrary, I find such an approach to be eminently practical, pragmatic and realistic, given our country's socio-economic conditions," Judge Bosielo said.
Regarding the rest of the documents in the docket, Judge Bosielo said it eluded his logic how the state expected King to prepare his interlocutory applications (including an application about the procedural propriety of the NDPP's overseas investigations) without having had sight of the relevant documents.
He said King could also not be expected to wade through tomes and tomes of documents without knowing what they were.
"Undoubtedly, the right of the applicant to a fair trial outweighs whatever inconvenience or costs the respondent may suffer in having to prepare a motivated index," he added.
In a media statement to MoneywebTax.co.za, King said the judge finally put to rest who is to blame for the continued delays.
"The State has filed affidavits over a year late and, to my mind, has gone out of its way to deny me access to documents that the State knows are damaging to its case and will highlight the true extent to which the Commissioner has directed and funded this private prosecution. We now have a delay of over three years firmly placed at the door of the State."
King further added that he feels vindicated by the judgement. "Now we know, beyond any doubt, who really was responsible for the delays. I hope that Sars' spin doctors will accept the ruling of the Court in this regard."
Sars's spokesperson Adrian Lackay told MoneywebTax.co.za that Sars does not view the ruling as a blow.