Cholota bail hearing: State contends Magashule’s ex-PA ‘likely to evade trial’

Moroadi Cholota is one of 18 accused in the Free State asbestos project corruption case- involving Magashule, and controversial businessman Edwin Sodi and his companies.

On Monday, the 37-year-old told the court she’s not a flight risk, and that it would be in the interest of justice that she’s released on bail.

The state has submitted a comprehensive opposing affidavit to Cholota’s bail papers which were read out in court on Monday.

Magashule’s former personal assistant has been in police custody since last Friday, when she was extradited from the US, following numerous attempts by the state to secure her appearance in court for the Asbestos corruption case.

Her lawyer, Advocate Loyiso Makapela, argued that Cholota was being unfairly treated, compared to her co-accused who were released on bail within 24 hours of their arrest.

Cholota was initially detained in the US after South African authorities applied for her extradition.

“She has been detained, uninterrupted, for a period of four months. That is 80 times longer than any of her co-accused,” Makapela told the court.

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In her affidavit, Cholota stated that she could prove that she was not a flight risk and would attend all relevant court proceedings.

But prosecutor Johan de Nysschen told the court that they believe Cholota will evade trial.

“I wish to bring to this court’s attention numerous material facts which debilitate against the granting of bail and serve to establish a past pattern of conduct which is consistent with someone likely to evade trial.

“She [Cholota] further misled the court and misrepresented her personal facts and her likelihood of being a flight risk.”

In her reply to the state’s case, Makapela accused the state of seeking to replay the extradition proceedings which were concluded in the US.

“The state has tried to paint a picture of this accused as going above and beyond to evade trial and arrest. While we did not anticipate that the state would go through such desperate lengths to paint her in this way we have to respond to the extradition, then to the Constitutional Court issue, and then to bring it back to why we are here. We are here for a bail application, Your Worship.”

The court asked the defence to reduce their reply in writing, which led to the matter being rolled over to Thursday.

Cholota will again be held at the Bainsvlei police station until her next appearance.

The accused faces four counts of fraud and five of corruption under the doctrine of common purpose for her alleged role in the looting of the R257 million asbestos project.

She’s previously told the court that she intends to plead not guilty to all the charges against her.