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Moosagie guilty of tax fraud

18 May 2012
Lynn Williams

CONTROVERSIAL businessman Amier Moosagie sat emotionless when he was found guilty on a litany of charges involving fraud, forgery, corruption, money laundering and racketeering involving more than R3-million.

Moosagie, 60, stared straight ahead while Judge Dayelin Chetty delivered the guilty verdict in the Port Elizabeth High Court yesterday.

He was found guilty along with his co-accused and business partner, Desiree Jenkins, 54.

Jenkins was exempt from all corruption charges.

The guilty verdict came four years after the pair’s arrest and the subsequent trial.

On one occasion, Moosagie took exception to the line of questioning by Judge Chetty and asked the judge to recuse himself.

At the time, a visibly upset Moosagie – who has maintained throughout the trial he cannot remember everything because it happened a long time ago – said: "You have asked me many questions yourself. You are cross-examining me. Can you recuse yourself?” Judge Chetty refused to recuse himself.

Moosagie and Jenkins submitted fraudulent claims for VAT refunds in 2007 and 2008 on behalf of various companies they were associated with.

Judge Chetty also found that Moosagie had bribed South African Revenue Service employees with expensive gifts.

"It is common cause that the invoices submitted to SARS were manufactured. The question one needed to ask is whether the accused [Moosagie] knew this.

"After listening to testimony and examining the evidence, it is clear he was aware of the falsity of these invoices.”

Both Moosagie and Jenkins showed no emotion when they were found guilty.

In the public gallery family, friends and acquaintances shook their heads in disbelief and some wept silently.

Defence advocate Terry Price asked for a postponement because he needed time to submit a criminologist’s report and a report in respect of Moosagie’s health, he said.

Pending their sentencing, Moosagie and Jenkins must report to the Commercial Crimes Court every Monday. They were also ordered to hand in their passports.

Their bail of R30000 and R5000 was extended. The case will resume on August 13.



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