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Former Judge Robert Nugent ruled that the Sars Inquiry Commission would not stop after the lawyers of Tom Moyane, the former Commissioner of Tax Administration , asked to be suspended pending his next disciplinary investigation
. also asked to rule that all the evidence of the past three days – when attorney Dali Mpofu, among others, testified on Moyane – be struck off the record. He said that it was not possible.
Nugent was also asked to report that Sars was paying Moyane's legal fees, but said that it was not possible in law.
Moyane's legal team also requested that the commission not hear evidence related to Moyane's upcoming disciplinary hearing. Nugent said the investigation could not do it as a matter of law.
"The document is a shame," Nugent said in reference to the document he was given by Moyane's lawyers last week.
Nugent said Monday that the investigation would continue and that the communication he had received was "abusive". , invective and sinister suggestion. "
He said that the investigation could not dissolve because it was established by presidential proclamation.
" [The commission] was instructed to fulfill its conditions if reference ", said Nugent, adding that Moyane was not placed in" double jeopardy "by the performance of his duties by the commission.
Memory stick
Nugent, A retired judge Supreme Court of Appeal said that Moyane's lawyer had also handed him a USB key containing information proving the existence of a "rogue unit" within the company.
"And he proposed that I share it with the media. If Mr. Moyane wants to distribute material to the media, then he has to do it himself, "Nugent said.
" The commission will certainly not do it on its behalf. "
Nugent said that, if it were relevant, the mandate of the commission, the commission would check if the rogue unity existed" through appropriate and credible evidence. "
Expungement? [19659010] Nugent stated that the evidence could not be erased from the record because he was chairing an inquiry and not a court case. "[A commission of inquiry] must seek to establish facts, and the law Does not require that he ignore the evidence. "
He said that it was not possible to decide that the evidence" disappeared "as wanted by the lawyer
Nugent added that he would not rule out questions that would come in Moyane's investigation at this stage. "
" The commission is able to continue its work , for a time, without covering land that could be covered by the disciplinary investigation. If I do not want to prejudice the work, I do not intend to do it at this stage, "he said.
Nugent added that another criticism in the argument that Moyane had not had the opportunity to "rebut" the evidence against him was misleading.He said that Moyane's lawyers had never requested that He refutes the evidence.
"Mr. Moyane did not even attend the audience, "said Nugent .- Late 24
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