Former Bosasa chief operations officer Angelo Agrizzi only made a single court appearance for his corruption case at the Johannesburg Specialised Commercial Crimes Court — carrying a portable oxygen pump due to ill health — in October last year when the court denied him bail.
When the case resumes on Wednesday, there is a possibility that the court might hear an application for the separation of his trial and that of his co-accused, former parliamentarian Vincent Smith.
The charge of corruption the men face is related to gratifications Agrizzi allegedly gave to Smith, in the form of security upgrades to his home and cash transferred into his personal bank account via a Euroblitz bank account.
Smith’s fraud charge emanates from his failure to disclose to the registrar of parliamentary members’ interests the gratifications he allegedly received from Bosasa.
By the time Agrizzi was granted bail on appeal by the high court in Johannesburg later in October, he was in hospital so he could not appear.
Agrizzi has also not been able to attend another case that is before the Pretoria Specialised Commercial Crimes Court, since he became ill last year.
During the next court dates for his appearance — in December last year and in March and May this year — only Smith was in the dock.
When Smith appeared alone again on May 28, a postponement was granted to allow for time to assess Agrizzi’s health and for the Investigating Directorate to determine whether to separate the trial of the two accused.
The defence team informed the court during the last court appearance on May 28, that Agrizzi was still ill and dependent on oxygen.
The case on Wednesday will now most likely centre on a a separation of their trials.
Section 157 of the Criminal Procedure Act provides that the court may — at any time during a trial, upon the application of the prosecutor or the accused — direct that the trial of one of the accused be held separately from the trial of the other accused.
Agrizzi has also not been able to attend another case that is before the Pretoria Specialised Commercial Crimes Court, since he became ill last year.
His co-accused in the Bosasa R1.8bn case are former commissioner of the department of correctional services (DCS) Linda Mti, former DCS CFO Patrick Gillingham and former Bosasa CFO Andries van Tonder.
That case relates to four tenders awarded to Bosasa Operations and its subsidiaries, valued at over R1.8bn, between 2004 and 2007.
These contracts were for the rendering of catering and training services, installation of CCTV cameras, installing of perimeter fencing and the supply of television systems and monitoring equipment.
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