'Cash smuggling' accused looks different in a hijab, says magistrate

A South African student accused of trying to smuggle around R9m worth of US dollars in her luggage will learn her fate only next year.

Fayrooz Saleh appeared in the Kempton Park Magistrate's Court on Tuesday, where her trial was postponed to January 14.

The matter was postponed because the court was told that her lawyer, Ori Moloi, had just left the country on an international trip, leaving his stand-in to request a postponement on his behalf. Magistrate Veena Krishna stressed that it was "unacceptable" - but granted the postponement.

As in her previous court appearance last month, Saleh appeared in court dressed in a black hijab - a stark contrast to the woman who in earlier proceedings had appeared in court in tight-fitting pants and a T-shirt, with her curly hair let loose.

During that previous appearance, Krishna had called Moloi and state prosecutor Hleli Mcosini to address her in chambers‚ apparently to verify the identity of the accused.

When court resumed five minutes later‚ Krishna said: "I called both of you to my office because I have concerns of your client. She has never come to court dressed like she is today."

Only Saleh's eyes were visible.

"Her build appears to be different. She looks more slender than before… and she wore glasses. She appears to have her body covered in a hijab and is not wearing glasses today.

"I don't want to offend anyone's religious beliefs but I called you in to check [that it was her]‚" said Krishna‚ acknowledging Saleh's Muslim faith.

"You have informed the court that she is indeed your client?" Krishna asked Saleh's lawyer.

"I confirm on record that she is my client because of previous appearances. Through communication and consultation‚ I can confirm that this is the accused‚" said Moloi‚ adding that he had seen her for the past four days in court.

Prosecutor Hleli Mcosini accepted that it was indeed Saleh before the court‚ adding that Moloi had no reason to deceive the court.

Mcosini again addressed the matter of the accused's identity on Tuesday, with Krishna saying she would accept that it was indeed her standing in the dock. This time, Saleh carried her glasses in her hands.

Mcosini told the court that investigations in the matter were complete but the trial could not proceed this year.

"The witnesses are not available in December. The State intends to lead them in aggravation of sentence," Mcosini said.

Saleh was arrested at OR Tambo International Airport on September 11 as she was about to depart for Hong Kong.

According to court documents‚ she was stopped by Sars officials who opened her luggage in her presence and found $630‚700 in cash (about R9m). When questioned‚ Saleh said she was heading to Hong Kong to buy goods.

Saleh appeared in court shortly after her arrest and said she could afford bail of R10‚000. The court granted her bail of R20‚000 instead.

Following her arrest‚ Sars said in a statement that Saleh initially denied having the currency but when questioned further she admitted to having a substantial sum of money in her backpack.

"She admitted that she was not the owner of the currency‚ nor could she provide any proof of ownership‚" said Sars.

The 22-year-old‚ believed to be from Ennerdale in Johannesburg‚ also faces a charge suggesting the cash may be the proceeds of a crime.

The state alleged that she took the money knowing it was obtained unlawfully. She has no previous convictions or pending bail matters.