State has over 80-million pages of data to nail ex-Eskom boss

The state says it has collected more than 80-million pages of data, which include pictures of overseas family holidays, to nail corruption-accused former Eskom boss Matshela Koko.

This was revealed yesterday at the Middleburg specialised commercial court in Mpumalanga, where Koko and others appeared in an attempt to have the matter struck off the roll. They are charged with fraud, corruption and money laundering linked to the R2.2bn Kusile Power Station, where Koko allegedly used his influence in 2016 to award tenders worth R719m to favoured companies and their subcontractors.

The state alleges that some of the money was used to fund Koko’s overseas family holidays.

The investigating officer in the case, who cannot be named, was cross-examined by the defence lawyer about the amount of evidence the state has and why the matter should not be struck off the roll. 

The officer told the court that the state had uncovered 18 terabytes of evidence, which equates to 80-million pages. 

According to the state, the evidence includes bank account statements, photos of Koko’s family trip to France, telephone records, forensic and audit reports of companies that allegedly benefited from the alleged corruption.

The officer said the evidence was still being analysed and that there were six affidavits from overseas-based witnesses that were outstanding, which were key in the charges against the accused.

Shaun Abrahams, defence lawyer representing accused number 7 to accused 10 said it would take them at least three years to finish going through the evidence brought by the state.  

Abrahams said the reasons the trial had not commenced was because the state arrested his clients due to pressure by the public and the media and law enforcement authorities wanted to be seen acting on state capture cases. He showed the court different newspaper stories questioning lack of movement in state capture arrests. 

“I put it to you that you arrested my clients while investigations were ongoing because you wanted to be seen acting. You have also deliberately omitted to tell the courts that you don’t have enough evidence to arrest the my client and his co-accused,” said Abrahams. 

However, the investigating officer responded: “We needed to conduct a search and seizure procedure, and yes, there was enough evidence to make the arrest.”

Meanwhile, outside the court, Koko told Sowetan that the state had set itself up for failure and still maintained his innocence.

“We want a speedy trial; we don’t want unreasonable delay. My goal is to ensure that this thing of NPA [National Prosecuting Authority] litigating via the media must stop now. The documents that are arriving now, we have seen them before via journalists. They have been prosecuting me via the media. It’s unacceptable. They must  prosecute without fear or favour,” he said.

The matter was postponed for more cross-examination of the officer.