4 pieces of evidence the arms deal commission ‘ignored’ – court papers

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4 pieces of evidence the arms deal commission ‘ignored’ – court papers

Corruption Interrogate and the Right2Know campaign win launched new proof which they explain presentations that the palms deal fee of inquiry failed to behavior a meaningful investigation into the multimillion-rand palms deal.

In an affidavit filed in the North Gauteng High Court docket in Pretoria on Thursday, Corruption Interrogate’s David Lewis pointed to several cases where the rate failed to put collectively up on serious leads it had been given.

The proof sorts share of judicial overview court cases, whereby Corruption Interrogate and Right2Know need the rate’s portray declared invalid.

READ: New proof presentations palms deal fee ‘uncared for serious proof of wrongdoing’

They filed supplementary papers on Thursday, after receiving a share of the rate’s portray.

Some of this ingredient has been leaked to the press and reported on, but per the applicants, the portray now presentations that there change into once laborious proof of wrongdoing in the hands of the rate that it did now now not put collectively up on.  

Listed below are four balls the rate allegedly dropped:

1.       Bell Helicopters ‘refused a bribe’

Bell Helicopters change into once one of the necessary firms who set aside aside ahead a listing to present the gentle utility helicopters. Bell allegedly pulled out of the chase because of they had been asked to pay a bribe, and to boot they refused. According to documents submitted as share of the court case, the rate contacted Bell about this allegation and asked for more info.

Bell spoke back, announcing it change into once pleased to co-characteristic. The associated fee answered, noting Bell’s response, but fully adopted up with a ask for a meeting two years later. The commissioners travelled to Texas to meet Bell representatives in 2014. In its final portray, the rate acknowledged: “Bell Helicopters change into once now now not aware that any bribe had been requested of it.”

Bu Lewis says a portray of the Texas meeting presentations that is now now not lawful. Bell indicated that it change into once leaned on to fabricate an “come fee” and pay a “monthly fee” to Futuristic Commerce Alternatives (FBS) for “offset services and products” earlier than the bidding route of. The perception change into once that the company would lobby on behalf of Bell. Chippy Shaik reportedly presented Bell to FSB.

Lewis says the rate will win to nonetheless, at the least, win asked Bell to fabricate a assertion to the rate or appear earlier than it to give proof.

As an different, “the rate appears to win made no strive to analyze the substance of these claims extra”, Lewis added.

2.       The British Excessive Fraud Space of enterprise’s (SFO) info.

Within the rate’s final portray, it acknowledged that it approached the British SFO for info and sooner or later, it change into once told that the Brits had no info beyond what change into once contained in an affidavit made by one of its investigators to justify the Scorpions’ raids on Fana Hlongwane and his pals, round 2007.

Lewis says the portray clearly presentations this to be faux. The associated fee spoke to the SFO on disorders now now not contained in that affidavit. However the rate did now now not expose every little thing that it knew about the SFO’s investigation.

Noteworthy of this ingredient is contained in correspondence between the Scorpions and the SFO, which had been exchanging info linked to their investigations.

All this correspondence change into once available to the rate and but, in several cases, the rate appears now to now not win wished to put collectively up on these leads.

three.       Thabo Mbeki’s ‘intimate meeting’

According to court papers, the Scorpions and the SFO had discussed a dinner attended by historical president Thabo Mbeki, Diliza Mji, Richard Constitution, Sello Phalatse, and Niall Irving, in 1998.

Investigators described the meeting as “intimate”.

At the time, Mbeki change into once the deputy president and head of the ministerial sub-committee overseeing the palms deal different route of.

The Scorpions told the SFO that they had been probing Mji, who it sounds as if held shares in one of the necessary firms controlled by BAE. The SFO change into once also probing Constitution, who change into once an overt and covert agent and “handbook” for BAE. His firms received millions of rands. Irving change into once a BAE employee and Phalatse change into once a non-govt director of Armscor for the length of the palms deal different route of, Lewis acknowledged in his affidavit.

All of this change into once made definite to the rate in documents equipped to it by the Scorpions and the SFO. Any “sensible” individual would win adopted up on this meeting, the applicants acknowledged.

The reality that Mbeki change into once now now not asked about this meeting, and now now not one of the necessary others had been called to give proof, except for Constitution who has since died, is proof that the rate “failed to behavior a meaningful investigation”, Lewis says in the affidavit.

four.       Stella Sigcau

Moreover contained in the portray is one other portray from the SFO, equipped to the rate by researcher Richard Younger and historical Hawks investigator Johan Du Plooy. The portray is a letter from a BAE legitimate, on a BAE letterhead, to a BAE legitimate, Terry Morgan.

Within the letter, the legitimate describes what appears to be a bribe given to historical public works minister Stella Sigcau in change for her support in ensuring BAE change into once awarded a contract to present Hawk and Gripen fighter planes to the South African govt.

The letter says that the company change into once on the contract shortlist thanks to the support of Sigcau. It reads:

“One friend who change into once, and stays, entirely serious to our final success for every Hawk and Gripen is Minister Stella Sigcau…”

The letter goes on to claim Sigcau is “a princess in the African custom” and that the breakdown of her daughter’s marriage had led to her extreme embarrassment.

“Within the coming months, she wants BAE… to present a marketing job for her daughter in London. This kind of job would must pay sufficiently to present a sensible quality of lifestyles for the minister’s daughter and her two kids. As it is possible you’ll perhaps perhaps inquire, in gape of the criticality of where we are in the resolution-making route of and our predominant reliance on the minister’s increase, I gave the total exact assurances to the minister that we might perhaps perhaps perhaps very positively support her to contend with this non-public subject.”

BAE appears to had been offering to relief Sigcau’s daughter pickle up a lifestyles in London to rupture out the disgrace of her divorce, in change for her increase on the palms deal contracts.

Sigcau died in 2006.

Lewis says the rate did now now not tackle this enviornment the least bit, in spite of having considered this letter. He says the rate did now now not tackle the enviornment in its portray, nor did it question BAE to talk to the letter or name Sigcau’s daughter.

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