ADV BHANA SC

Advocate Bhana contends that the criticism of Mr Carrim deliberately withholding information from his statement is unfounded, although he acknowledges that Mr Carrim does not always maintain strict distinctions between his entities.

“All we are suggesting is that the criticism that he deliberately withheld information from his statement is not one that can be made. And if that is going to be advanced...It is all the more reason why we need time to deal with this carefully and properly...You are going to draw inferences...from aspects which we say you should not...we do not suggest that he is not entitled to be questioned. Your point is correct that he does not always keep a strict distinction...”

Advocate Bhana states that Mr Carrim's evidence cannot be completed today and a stand-down would take up substantial time, suggesting at least two hours would be needed to prepare properly.

“It is clear his evidence cannot be completed today. It is clear that with a stand-down, we in any case are going to eat up into a substantial portion of today...I think at least two hours and I will come back to you if I need more time...I am going to do this carefully and I am going to take proper time to do so.”

Advocate Bhana apologized for misunderstanding the Chairperson's position on adjournment and withdrawing any suggestion of prejudgment.

“Yes, if I misunderstood it, then I tender an apology...Thank you. And you apologize for what you said, because you basically suggested impropriety on my part, that I have prejudged issues whilst the matter is being debated. Are you tendering an apology for that?”

It is unfair criticism that the witness should have dealt with matters not stipulated in the summons or notice in the statement; the witness's attention was not directed to those matters and the transactions go back several years.

“My submission to you is that that is an incorrect view. ... It is unfair for you to make the judgment now that he chose to hold back documents when his attention was not directed to that”