Judge Ratha Mokgoatlheng on Friday overturned the decision by magistrate Philip Venter of the Palm Ridge Specialised Commercial Crimes Court, who denied Agrizzi bail on the basis that he was a flight risk.
Cape Town – Former Bosasa chief operating officer Angelo Agrizzi’s successful bail appeal application hearing at the Johannesburg High Court was set to the full R16.7 million value of Agrizzi’s property in the Tuscany town of Castel del Piano, in central Italy.
Judge Ratha Mokgoatlheng on Friday overturned the decision by magistrate Philip Venter of the Palm Ridge Specialised Commercial Crimes Court, who denied Agrizzi bail on the basis that he was a flight risk as he had not disclosed moving millions into offshore bank accounts and that he had acquired the Italian property and a luxury car in the European country.
Daniel Witz, Agrizzi’s lawyer, said they were happy with the outcome of the hearing and that all the bail conditions were stringent but not unachievable as Agrizzi was determined to abide by them and see the matter to its conclusion.
Speaking to Independent Media on Friday, Witz said that Agrizzi was still in a serious condition in hospital, however the nine armed guards keeping tabs on him and the shackles confining him to his bed would be removed.
“Most importantly, his family can visit him although he’s still in ICU in a serious condition. However, some good news is that the ventilator was removed, but he is still undergoing dialysis and a few other serious treatments. It’s a small, small, step to recovery but it’s a step to recovery nonetheless,” said Witz.
In his order, Judge Mokgoatlheng said the criteria used by Venter were that no amount of bail paid by Agrizzi would make him stand his trial and if he opted to skip the country he would.
He said that the magistrate had missed a loophole of investigating whether indemnities, sureties or guarantees could be used to ensure that Agrizzi did not skip the country.
Among a litany of bail conditions, Agrizzi was ordered to appear before the Palm Ridge Specialised Commercial Crimes Court on December 3, following that, he will appear on every subsequent occasion that would be determined by the court.
Agrizzi was also ordered to hand over all passports and travel documents issued to him to the investigating officer, Lieutenant-Colonel Bernardus Lazarus, before 6pm on Tuesday, while he is also barred from applying for any passport or any travel document until the finalisation of the matter.
With Agrizzi having told the Palm Ridge Specialised Commercial Crimes Court during his bail hearing at that court that he had lost his Italian passport, Judge Mokgoatlheng said that if his passport is found he is ordered to surrender it to Lazarus within 24 hours.
“The appellant does not approach within 150 metres any international departure point of the Republic of South Africa while released on bail in this matter, and the appellant shall not change his residential address without two weeks’ prior written notice to the investigating officer.”
Judge Mokgoatlheng also ordered Agrizzi not to leave the Gauteng province and that once he was discharged from hospital he should report to the Douglasdale Police Station in Sandton once a week on a Friday between 8am and 6pm.
He said that should Agrizzi not be able to attend Douglasdale police station, he should undertake to appoint a nominee to provide a medical certificate issued by his nominated physicians at the Douglasdale police station.
“This is provided that such a medical certificate is valid for a maximum of seven days at a time, with a copy of the medical certificate to be forwarded to Lazarus,” said Judge Mokgoatlheng.
Agrizzi was also ordered not to have any direct or indirect contact with state witnesses in accordance with the list in the draft indictment and any subsequent indictment that he may be served with.