IN THE DOCK: Carrim says doctors backed Dubai trip despite commission no-show

Controversial businessman and ANC member Suliman Carrim told the Pretoria Magistrates’ Court that his doctors had encouraged him to travel abroad for “spiritual upliftment”, despite his health being the reason he did not return to the Madlanga Commission to complete his testimony.

Carrim took the witness stand on Friday, 16 October, when his legal team sought to convince the court to release him on bail after he was arrested at OR Tambo International Airport, where he was preparing to leave South Africa.

Earlier on Friday, national police spokesperson Brigadier Athlenda Mathe told journalists that Carrim had been flagged by the police’s cold case unit in connection with separate fraud and corruption allegations involving Ngaka Modiri Molema District Municipality in North West, which are still under investigation.

It was established in court that Carrim was travelling to Saudi Arabia via Dubai, where he said he intended to undertake a religious pilgrimage. He would continue to Pakistan, where he planned to distribute snacks, including sweets and biscuits, to children.

‘I’m not well’

The court heard through investigating officer Captain Kubayi that Carrim was travelling with five “voluminous” bags of luggage when he was arrested. Questions were also raised about whether he had a return ticket and intended to come back to South Africa.

Carrim told the court there was nothing unusual about the journey, saying he had been making similar trips for years.

“I have been doing this trip for the last 16 years,” he said.

The first leg of his journey to Saudi Arabia was for “spiritual upliftment”, he said, after which he intended to travel to Pakistan to distribute sweets, biscuits and other snacks. These accounted for about 70% of the contents of his luggage.

Carrim told the court his doctor had “encouraged” him to proceed with the trip because travelling was likely to help him “feel better” as he battled a heart condition, anxiety and other health problems.

State prosecutor Donald Shiko pushed back, questioning why his doctor would encourage him to undertake an international trip when his health had previously prevented him from returning to the Madlanga Commission and being subjected to further questioning.

“I’m not well. Even my doctors advised me not to be cross-examined,” Carrim told the court.

His legal representative, Hendrik Potgieter, placed Carrim’s health at the centre of the bail application, telling the court that he suffered from anxiety and a heart condition. Potgieter argued that the stress associated with his detention and the court proceedings could trigger a panic attack.

Carrim is facing a contempt-related charge stemming from his failure to return to the Madlanga Commission, where he had been expected to continue giving evidence.

When the State sought to question him about his failure to return to the commission, Carrim declined to answer, maintaining that the circumstances surrounding his non-appearance would be ventilated during his trial.

Return ticket questioned

Carrim’s intention to return to South Africa was questioned during the bail proceedings. The State raised the circumstances of his arrest and his failure to return to the Madlanga Commission to argue that he could evade trial if released.

Kubayi told the court that Carrim could not provide a ticket for a return flight when he was arrested at OR Tambo International Airport. His lawyer disputed this, telling the court that Carrim did have a return ticket and that the State had a responsibility to verify this with the airline.

The prosecutor then asked Kubayi whether, based on his experience as a police officer and the circumstances surrounding Carrim’s arrest, he believed the businessman could evade trial if granted bail.

“It’s possible, your worship, looking at the manner in which we arrested him. The applicant, before the court, your worship, was well aware that he needed to appear before the Madlanga Commission. However, he opted to travel out of the country without informing the relevant authority,” Kubayi said.

Kubayi argued that Carrim’s conduct in relation to the commission, together with evidence that had emerged during its proceedings, strengthened the State’s concerns about releasing him on bail.

“So, looking at his evasiveness to appear before the Madlanga Commission, with overwhelming evidence that so far has transpired before the commission, there is a high likelihood that he will be recommended to be criminally investigated,” Kubayi said.

Shiko argued that Carrim’s failure to return to the commission, his health and the circumstances of his arrest while preparing to leave South Africa, raised concerns about whether he would return to stand trial if he was released on bail.

When the concerns were put directly to Carrim, specifically regarding his health, he could not take the court into confidence that he would be able to attend the proceedings.

The prosecutor asked: “Would I be correct to say that there is a possibility of your attendance and there is a possibility of you not attending these proceedings?”

Carrim responded: “Like I said, it depends on what my doctors say.”

State struggles to verify address

In addition, Carrim’s residential address could not be verified. Instead, a recent profile of him had flagged a new property belonging to him.

The court heard that Carrim was linked to four properties in different parts of the country, including in North West, Cape Town and Johannesburg, prompting further questions about which address should be regarded as his primary residence for the purposes of bail.

Carrim, who explained his personal and financial circumstances in the bail bid, told the court he earned about R200,000 a month and had two wives. One of his wives had two daughters.

Potgieter said Carrim’s release on bail was in the interest of justice because he had no previous convictions (two previous cases had been withdrawn), was not a flight risk, and, most importantly, because of his health.

“Your worship, I’m informed by the accused person that the stress and the anxiety is taking a toll on him. He didn’t use any medication this morning and he further states that he can feel that it might lead to a panic attack, which would be detrimental to his medical condition.”

The uncertainty of Carrim’s residential address and return ticket ultimately stalled the bail application. The court postponed the bail proceedings until Monday, 19 October to allow the State to verify the documents and information placed before it, before the application can proceed.

Carrim will spend the weekend behind bars at Kgosi Mampuru Correctional Centre. Others whose names have featured prominently before the Madlanga Commission who are being held at the prison include former deputy national police commissioner Shadrack Sibiya and businessman Vusimuzi “Cat” Matlala. DM