ID files leave to appeal in Nulane matter
9 May 2023
The Investigating Directorate has lodged an application for appeal to acting Judge Gusha in regards to the R24.9million Nulane matter. The application was lodged on 08 May 2023, if successful it can either be heard by a full bench of the Bloemfontein High Court or the Supreme Court of Appeal.
The application is for a leave to appeal the 21 April 2023 judgement that granted 7 accused discharge in terms of Section 174 the Criminal Procedure Act 51 of 1977(Act). As well as the acquittal of Dr Limakatso Moorosi. The application is also based on the 23 February 2023 verdict that rendered key documents and exhibits provided by the state inadmissible as evidence against the accused.
The appeal is based on the following:
- The learned judge erred by discharging the 7 accused in terms of Section 174 of the Act in circumstances where the State had presented prima facie evidence upon which a reasonable court might convict. There are reasonable prospects that another Court would come to a different conclusion and or find that granting the discharge was a misdirection which was contrary to legal precedent, constituted a gross irregularity in the trial and was prejudicial to the State.