Msomi's lawyer wants R8m theft case withdrawn

South Africa News News

Two weeks ago Msomi was left paralysed, according to his lawyer Benito Mangolele, due to the stroke.

Msomi was admitted at St Augustine Hospital in Berea, Durban, where he is still under observation. The 76-year-old's poor health began in July when he was rushed to the same hospital after he suffered a diabetic coma.

He was arrested by the Hawks in Durban in March this year. Msomi, who was on R200,000 bail, had pleaded guilty to 61 counts of theft. According to court papers, Msomi started transferring the money from the FNB trust account to his own personal account on September 18, the day the money was transferred into the trust account from the department of arts & culture.The disappearance of the funds was discovered in January by acting chairperson of LLLP, Letta Mbulu, who opened a case of fraud at Bramley police station. The case was later transferred to the Hawks' serious commercial crime investigation unit. NPA spokesperson Phindi Mjonondwane refused to say if they would oppose Msomi's bid to have the case withdrawn on medical grounds.Criminal lawyer William Booth said it would not be easy to stop the prosecution."There will have to be compelling grounds; a case where evidence is already presented cannot be withdrawn." Msomi's family refused to comment yesterday, saying his health issues were a private and confidential matter.

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