Ajay Gupta must be allowed to cross-examine state capture inquiry witness, his advocate says
Mike Hellens says the Zondo commission cannot make valid findings without allowing cross-examination‚ as it is a ‘tool to test the veracity and reliability’ of evidence
Ajay Gupta’s lawyers are arguing that there are "sharp differences" between the family patriarch’s account of his alleged meetings with key state capture inquiry witnesses and their evidence. They argue that he must be allowed to cross-examine the witnesses who implicate him, if the Zondo commission has any hope of getting to the "truth" of their claims. On Thursday, advocate Mike Hellens SC argued that the commission could not make valid findings without allowing cross-examination‚ as it was a "tool to test the veracity and reliability" of evidence.
Hellens further argued that the witnesses who implicated the Guptas in wrongdoing should not be informed of the guptas’ responses to their testimony, so that they did no have the chance to alter their testimony. "If the witness is not put under cross-examination in the normal way… he or she has the full luxury of adjusting her evidence‚" he said. Hellens added: "We would have to put the version of Mr Gupta to the witness." Deputy ...