Lawyers for Dinesh Patel and Iqbal Sharma have made an application in the Nulane trial to be given time to study a document that would have been part of the testimony of the next state witness.

The high court trial is related to an alleged corrupt feasibility study contract, a precursor to the controversial R280m Estina dairy farm project in Vrede in the Free State.

Charles Church, a former employee at Deloitte, which was subcontracted to conduct a feasibility study on behalf of Nulane Investments for R1.5m, was about to be called to the stand on Friday morning when Kenny Oldwage, representing Patel, lodged an application.

Oldwage told the court he was only yesterday furnished with a draft feasibility study report which Deloitte had allegedly given to Nulane before Sharma’s company handed it to the Free State rural development department.

He said he needed time to study the document as the state alleges there were changes made to the document.

Oldwage said the state was “violating my client’s rights” as they only had sight of the document last night.

“I wouldn’t voluntarily walk into an ambush,” he told the court.

Sharma’s lawyer Bronwynne Forbay supported Oldwage, telling the court he was only halfway through the document. 

Prosecutor Peter Serunye told the court the state also became aware of the draft on Thursday after his colleagues were preparing Church for today’s testimony.

He said Church had located the 2012 draft document in his iPad.

Serunye did not oppose the application, saying he believed it was a fair application.

The prosecutor suggested he would call the next witness Avelamadoda Stofile instead.

Acting judge Nompumelelo Gusha gave legal counsel time to discuss and agree how much time will be needed for Forbay and Oldwage to go through the document and consult their clients.

The trial continues.

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