The state has dropped three charges against human trafficking accused Vuyokazi Gana, while her lawyers have asked the court to dismiss the rest of the case against her.
Gana’s defence made the application in the East London Magistrate’s Court on Wednesday, arguing that the state had not produced enough evidence to justify continuing the trial.
The application was brought in terms of section 174 of the Criminal Procedure Act, which allows an accused to seek a discharge at the close of the state’s case if there is no evidence on which a reasonable court could convict.
Gana is accused of involvement in the trafficking of young women for prostitution and of benefiting from the proceeds of prostitution allegedly generated by tenants at the Ezinqonyameni establishment in Quigney, KuGompo City.
The application followed three days of in-camera testimony from state witnesses, including an alleged accomplice who was arrested alongside Gana and later turned state witness. The investigating officer concluded his testimony on Tuesday.
The defence argued that the five witnesses called by the state had failed to provide sufficient evidence linking Gana to the alleged offences.
While opposing the application and maintaining that Gana had a case to answer, the state conceded counts four to six, all relating to procuration.
The concession followed testimony from a state witness referred to as “YS”, who allegedly recruited women from the Mthatha area for prostitution.
The court heard that YS had not provided evidence establishing that Gana had instructed her to recruit women for alleged sexual exploitation.
Presiding Judge Thembekile Malusi questioned the absence of documentary evidence allegedly showing communications between Gana and YS.
“On this point that there being an agreement [for the procurement of the victims], YS is the only witness,” Malusi said.
“YS said they were communicating [with Gana] on social media applications, they were not communicating orally.”
Malusi said the alleged agreement that YS would recruit women in exchange for having rent debt written off was therefore supposedly contained in written communications.
“So, the argument that says ‘recruit new women, and your debt [of rent that YS owed to Gana] will be written off’, it is an argument in writing.
“YS said, ‘When police made contact with me, I had this evidence in writing [of communication]’, but the state chose not to bring this evidence in writing.
“It appears to me the only link between the accused and the counts, being the main or the alternatives, is the argument in writing between YS and the accused, and the state, for whatever reason, has not brought that primary evidence.”
Malusi also said YS’s evidence had to be approached cautiously because she was an accomplice turned state witness.
“The evidence is lacking the material detail. It appears to me that YS, as a section 204 witness, is an accomplice. If she is an accomplice, then law says I might treat her evidence with caution.
“The court has to address the evidence of a self-proclaimed criminal with great caution,” he said.
Malusi is expected to rule on whether Gana should be discharged on some or all of the remaining charges, or whether there is sufficient evidence for the trial to continue.
If the application fails, the defence case would begin, with Gana having the option of testifying and calling witnesses.
A ruling is expected at after lunch on Wednesday.
This is a developing story.
Daily Dispatch
