Angelo Agrizzi in court. Photo by Gallo Images/OJ Koloti
- Agrizzi argues that despite his full cooperation, the State has not appointed its doctor to examine him.
- The Specialised Commercial Crimes Court had previously granted the State’s request to use its doctor to examine Agrizzi.
- The State said it would oppose the application.
Former Bosasa COO turned whistleblower Angelo Agrizzi wants the corruption case against him struck from the roll.
Agrizzi, who had failed to appear in court for months, citing ill health, said despite his “full cooperation and assistance”, the State had still not appointed its doctor to examine him.
The Specialised Commercial Crimes Court sitting in the Palm Ridge Magistrate’s Court, had previously granted the State’s request to use its doctor to examine Agrizzi, who had been ill since October 2020.
It is clear that I, as the applicant, am suffering severe prejudice in relation to the stress and anxiety of waiting for the State to determine as to whether or not, in view of my chronic medical condition… they will be proceeding with the charge.
In his application, Agrizzi also stated that the matter had been adjourned on various occasions to give the State an opportunity to have him medically examined to ascertain whether he was fit to stand trial.
He added that his legal representative had been requesting the medical examinations since last year.
He said the delay in appointing a medical expert to examine him was “entirely prejudicial to my constitutional rights”.
He said if the matter was removed from the roll, the State could complete its investigation regarding his medical and health condition.
“I further wish to emphasise, that I am not bringing any application for a permanent stay in prosecution, and I submit further that if the matter is removed from the roll at this stage, the State as and when they are in a position to deal with appointing medical experts and depending on the outcome of the examination, tests and results and the opinion of the medical experts, they can thereafter approach the Director of Public Prosecutions and arrange with my legal representatives via a summons if I am in a medical condition, to stand trial to appear in a court of law.”
The matter was set to be argued in court on 1 April.
A spokesperson for the Investigating Directorate Sindisiwe Seboka said the State would respond to Agrizzi’s application by 16 March.
“We will oppose the application,” she said.
Agrizzi and former ANC MP Vincent Smith were arrested and charged with corruption.
Smith faces additional charges of fraud for alleged payments made to his company Euroblitz in 2015 and 2016.
He also faces charges of money laundering, tax evasion and alleged breach of the Financial Intelligence Act.
The court previously granted the State’s application for trial separation due to Agrizzi’s ill health.
Smith had pleaded not guilty and maintained the money was a loan from Agrizzi; a claim Agrizzi denied.
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