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- A neurosurgeon says former Bosasa COO Angelo Agrizzi "cannot appear physically in court".
- An inquiry into Agrizzi's continued absence from court is being heard in the Gauteng High Court in Pretoria.
- Agrizzi appeared via a video link surrounded by medical equipment and wore an oxygen mask.
The doctor who examined former Bosasa COO Angelo Agrizzi's brain function last year March says that, having observed Agrizzi in his video link appearance over the past two days, "he cannot appear physically in court".
Dr Herman Edeling, a neurosurgeon, testified on Wednesday during an inquiry into Agrizzi's continued absence from court since October 2020, citing ill health.
When prosecutor advocate Arno Rossouw asked him if Agrizzi could understand the proceedings, Edeling said: "No, not under current circumstances."
He also said when he examined Agrizzi, he did not appear to have the mental capacity to understand a question immediately.
"The way these court proceedings have been happening... I do not believe Mr Agrizzi will be able to follow everything that has been said," he said.
Judge David Makhoba of the Gauteng High Court in Pretoria said his main issue was determining whether Agrizzi had "wilfully absented himself" from appearing in court since October 2020.
He also asked the doctor if, according to his observations, Agrizzi must not be required to appear in court.
READ | Angelo Agrizzi has neurological brain damage - doctor tells court
Edeling responded that from the date he assessed the former COO, Agrizzi was not neurologically fit to stand trial.
The judge then asked Edeling if he would have given Agrizzi a sick note until a certain time.
Edeling told the court that Agrizzi’s ability to appear in court was "outside my expertise, my only expertise in this matter relates to his mental capacity. Looking at that man, he can’t appear physically in court."
Makhoba said there were competent people who would be best suited to explain to the court if Agrizzi understood the proceedings.
He told Edeling that he wasn’t "criticising" his testimony but wanted to find out if Edeling was aware of other experts who would be best suited to speak about Agrizzi's ability to understand proceedings.
Edeling said he had often been approached to give an opinion about an individual's mental capacity, where he had to apply his mind, and that other courts had used his opinion.
During re-examination, Agrizzi's advocate Mannie Witz, asked Edeling to give an opinion over the past two days regarding Agrizzi's appearance on a video link.
Edeling said he noticed that Agrizzi had not been paying attention.
"He keeps looking at different places," he said.
Witz asked if there was a facility that would deal with a person in his condition.
Edeling said there wasn't, as Agrizzi depended on regular observation and needed attention. He was also on oxygen all the time.
Agrizzi is charged with fraud and corruption relating to tenders between Bosasa and the Department of Correctional Services.
The criminal matter involves four tenders, valued at more than R1.8 billion, which were awarded to Bosasa and its subsidiaries between August 2004 and 2007.
That matter has been postponed to 20 July, pending the outcome of the inquiry.
READ | Drama as Angelo Agrizzi appears in court via video link surrounded by medical equipment
News24 previously reported that the tenders were for catering and training services, the installation of CCTV cameras, the installation of perimeter fencing, the supply of a television system, and equipment monitoring.
It is alleged that these tenders were obtained through corruption.
In October 2020, Agrizzi was denied bail in a separate matter, in which he is accused of paying bribes to former ANC MP Vincent Smith.
