Fanoe and Another v S (CC 40/21) [2022] ZAECELLC 8; 2022 (2) SACR 166 (ECMk) (28 February 2022)

Fanoe and Another v S (CC 40/21) [2022] ZAECELLC 8; 2022 (2) SACR 166 (ECMk) (28 February 2022)

The court found that the applicants were charged only with offences relating to proceeds of unlawful activities and money laundering, without any allegation of common purpose or involvement in the broader fraudulent scheme attributed to other accused. The evidence against the applicants was largely circumstantial and limited to their business dealings with Victory Ticket 750 CC. The applicants admitted the factual basis of the transactions but denied knowledge of any unlawful origin of the funds. The court held that requiring the applicants to sit through a lengthy joint trial, where most evidence would be irrelevant to them, would cause serious financial and business prejudice. The...

Citation
[2022] ZAECELLC 8
Parties
Applicant: Dean Fanoe; Applicant: Mantella Trading 522 CC; Respondent: The State
Court
Eastern Cape High Court, East London Local Court
Jurisdiction
South Africa
Judgment Date
28 February 2022
Case Number
CC 40/21
Procedural Posture
Criminal Law Application / Application for Separation of Trials Under S 157 of the Criminal Procedure Act
Outcome
Application for separation of trials granted.
Judges
I.T. Stretch
Legal Topics
Separation of Trials, Money Laundering, Proceeds of Unlawful Activities, Common Purpose, Prejudice in Joint Trials
Criminal Law Civil Procedure Separation of Trials Money Laundering Proceeds of Unlawful Activities Common Purpose Prejudice in Joint Trials

Case Brief

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Parties

Dean Fanoe

Applicant

Mantella Trading 522 CC

Applicant

The State

Respondent

Procedural Posture

Criminal Law Application / Application for Separation of Trials Under S 157 of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the applicants should be granted a separation of trials from their co-accused under section 157 of the Criminal Procedure Act.
  2. 2 Whether the applicants will suffer prejudice if tried jointly with the other accused.
  3. 3 Whether the State's case against the applicants requires evidence relating to the other accused and predicate offences.

Ratio Decidendi

The court found that the applicants were charged only with offences relating to proceeds of unlawful activities and money laundering, without any allegation of common purpose or involvement in the broader fraudulent scheme attributed to other accused. The evidence against the applicants was largely circumstantial and limited to their business dealings with Victory Ticket 750 CC. The applicants admitted the factual basis of the transactions but denied knowledge of any unlawful origin of the funds. The court held that requiring the applicants to sit through a lengthy joint trial, where most evidence would be irrelevant to them, would cause serious financial and business prejudice. The...

Court Disposition

Application for separation of trials granted.

Orders

  • The trial of accused nos 10 and 11 (Dean Fanoe and Mantella Trading 522 CC) is separated from the trial of their co-accused.
  • The applicants will be tried separately from the remaining accused.