PIETERMARITZBURG – The Pietermaritzburg High Court heard on Thursday afternoon that prosecuting French arms company Thales for graft should not be halted because the evidence against the corporation was “very strong”.He told judges Jerome Mnguni, Esther Steyn and Thoba Poyo-Dlwati that Thales was charged with “very serious offences, and the evidence against it is very strong”.
Speaking about the nature of the offence - also a deciding factor in granting a permanent stay of prosecution - Breitenbach said that if fairness to the public, public confidence in the criminal justice system and the need to address the harm done to society and the constitution by the alleged crimes were considered, they would “weigh heavily in favour of allowing Thales to be tried on the charges it is facing”.
“Indeed, it prevents the prosecution from presenting society’s complaint against an alleged transgressor of society’s rules of conduct. That will seldom be warranted in the absence of significant prejudice to the accused,” he quoted.
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