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Angelo Agrizzi, former Chief Operating Officer of Bosasa, in a previous court appearance.
- Angelo Agrizzi’s lawyers believe the court was wrong to deny him bail.
- Agrizzi’s poor health and his stay in the ICU should be reason enough to grant him bail.
- The State responded that Agrizzi did not fully disclose all its assets abroad, as it should have done.
The health of former Bosasa COO Angelo Agrizzi should have been considered before the Commercial Crimes Court denied his request for bail, his lawyers argued at the Gauteng High Court in Johannesburg.
On Monday, Agrizzi’s lawyers requested permission to appeal the court’s decision to deny Agrizzi’s bail last week in his corruption case related to alleged payments to former ANC deputy Vincent Smith.
Attorney Mannie Witz argued before Judge Ratha Mokgoatlheng that an overcrowded prison was not suitable for Agrizzi’s medical condition and comorbidities, especially amid Covid-19.
READ | Poor health, a lost Italian passport and whistleblower: why Agrizzi appeals the denial of bail
Witz read a report from a doctor stating that Agrizzi had been in intensive care with ventilation since Monday morning.
“We contend that the learned magistrate was wrong in this regard by failing to consider the conditions of the bond, especially when he had evidence of the appellant’s chronic medical condition.”
READ HERE | Former Bosasa COO Angelo Agrizzi denied bail in corruption case
Witz said they were not submitting to the court that all people with a severe chronic medical condition should be excused and posted bail, but were arguing that he would be released due to the evidence in the matter and his personal circumstances, in light of your current situation. medical condition.
The lawyer also argued that the State’s case was not strong enough.
READ ALSO | Angelo Agrizzi, former Bosasa operations director, suffers a heart attack at the hospital
He said the investigating officer did not give detailed reasons why Agrizzi should not be released on bail.
He said that the information presented to the court about Agrizzi’s financial transactions was also problematic, and that other things were missing from the affidavit presented to the court by the investigating officer.
Witz argued that if the transactions had been made without the approval of the Reserve Bank and the South African Revenue Service, it would have been a different story.
He said that all transactions were made in accordance with the overseas assignment and were declared.
“We allege that the learned magistrate was wrong in the case of the State.”
He said it would be easier if his client was released on bail.
The court heard that Agrizzi’s intensive care ward was heavily guarded by security. His feet were also tied to the bed with a chain.
The bail appeal of former Bosasa COO Angelo Agrizzi will be heard in Gauteng High Court in Johannesburg before Judge Ratha Mokgoatlheng this morning. Attorney Arno Rossouw will defend the State and Mannie Witz will defend Agrizzi. #AngeloAgrizzi @ TeamNews24 pic.twitter.com/RVmn2r9lo2
– Sesona Sestien Ngqakamba (@Sesona_Ngqaks) October 26, 2020
Witz said the court was wrong to conclude that it was not in the interests of the courts to release Agrizzi.
He said that the magistrate did not take into account that Agrizzi had no prior convictions and that he has cooperated not only with the investigation into the state capture, but also with other state entities, including the Special Investigation Unit.
Turning to the issue of flight risk, Witz said: “The point is that if the South African borders are porous as the learned magistrate said, that does not mean that all the people who appear in our courts of law, whatever the charges, now you say that is the reason why I cannot give bail because the borders are porous. “
Witz said there was no evidence in this regard.
Agrizzi said that Witz did not pose a danger to society and would not escape trial. He said those aspects should have been considered by the magistrate who presided over his bail request.
OPINION | Arrests for State Capture: What It Means for SA and the Justice System
He added that the magistrate’s comparison of Agrizzi with alleged serious crimes by the Gupta family was also problematic.
He said that Agrizzi’s case was different because he had declared all his funds.
“We say in particular that if he is released on bail he will not interfere with anyone. We affirm that he is not a flight risk. We present that the bail will be set at R50,000,” Witz said.
He said that Agrizzi would remain in the same house and that the sale of his property was unsuccessful.
Witz also claimed that Agrizzi was due to appear in another matter on December 3.
PODCAST | THE STORY: Who’s Next? Wheels of Justice turning for those involved in state capture
Any change in your residential address will be communicated to the state and the investigating officer, Witz said.
Mokgoatlheng noted that the state’s argument included that Agrizzi had more assets outside the country.
He argued that Agrizzi’s investments abroad should not be used against him.
“Everything is done legally. If it was made illegal, then that would have been another problem. We affirm that it would be in the interests of justice to release him on bail. In the condition he is in, I don’t think he is aware of what is happening around it “.
However, the state responded by saying that its main argument was that Agrizzi did not fully disclose its foreign assets in its initial affidavits, state attorney Arno Rossouw said.
PODCAST | IMMUTED POLICY: Money for nothing, but how do we correct the ship of corruption?
Rossouw argued that the former COO had deliberately failed to inform the court of his assets abroad and was obliged to do so. But his lawyers argued that it was.
“My presentation is based more on whether it can be shown that a weak case [was made] against the appellant, it can be taken into account that [he be granted bail]”Rossouw said.
The trial was booked for Friday.
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