Former Free State premier believes he secured his erstwhile personal assistant as a defence witness, while the prosecution wants her to be a State witness
He said thereafter his client was called to appear and presented himself before the court on November 13, 2020, where, for the first time, he was told that Cholota was now a State witness and his legal team was not entitled to communicate with her as part of his bail conditions.
He said from documents handed over to Magashule’s legal team, it became apparent that Cholota never signed the statement for the State, whereas they have a signed statement from her predating her appearance before the commission in June 2019. He said even if the State wished to approach her or wanted to turn her, “for want of a better terminology”, they ought to have spoken to Nkhwashu notifying him, but did not do so from June 2019 until Magashule appeared in court in November last year.
However, in response, prosecutor De Nsschen said that once Cholota was before the court, her status could be addressed in a trial within a trial, and the presiding judge could decide whether she would be a defence witness or a State witness or the court’s witness.
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