Widow may have to step into dock

State applies to have wife replace dead husband in R1.4m SARS fraud trial

A Port Elizabeth widow may have to stand trial on behalf of her husband’s company after the fraud accused died in a car crash last month. The unexpected move by the state angered the defence yesterday, with Advocate Terry Price SC accusing the prosecutor of being insensitive.

While the state had closed its case against Moko Construction director Sizwe Moko, who is accused of defrauding the taxman, he died before his lawyers could present his defence.

Moko, 65, died on March 23 and his funeral was held at the weekend.

The case had been set down for the continuation of trial yesterday.

Addressing the Port Elizabeth Commercial Crimes Court, state advocate Ulrike de Klerk said she would now apply in terms of Section 332(b) of the Criminal Procedure Act (CPA) for either Moko’s wife or daughter to stand trial on behalf of Moko Construction.

De Klerk said both women were members of the close corporation.

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