After his arrest on September 5, the Durban Magistrate’s Court denied Durban businessman Toshan Panday bail on Monday. Picture: S’bonelo Ngcobo Independent Newspapers
After his arrest on September 5, the Durban Magistrate’s Court has denied Durban businessman Toshan Panday bail on Monday.
The 52-year-old’s case was subsequently postponed to September 25, for an indictment to be served.
Panday is facing 27 counts of fraud, alternatively contraventions of tax legislation which outlines false returns in respect of VAT and annual income tax.
The State prosecutor argued that the controversial businessman was a flight risk after previous incidents of misrepresentation of his travels and travel documents.
The National Prosecuting Authority (NPA) said that in respect of a pending matter in the high court, where he faces charges of racketeering, fraud and corruption, Panday had been granted bail subject to stringent conditions, including that he surrender his passport to the investigating officer.
NPA spokesperson Henry Mamothame said the businessman had contravened his bail conditions in 2022, by misrepresenting to the high court that he required his passport to enable him to travel to several destinations in Europe in December 2022 and returning in January 2023.
“Unbeknown to the State, Panday travelled to the United States of America in the face of the high court order permitting him to travel to Europe only. The State alleged that upon entering the USA, Panday presented a passport which he had previously stated under oath in court proceedings had been lost, and which he had reported as lost to the Department of Home Affairs.
“Upon his departure from the USA, Panday presented a further passport which upon his return to South Africa, he claimed was also lost. The prosecution argued that it was not in the interest of justice to grant Panday bail as he was proven not to be a credible person and thus constituted a flight risk,“ Mamothame said.
He said the prosecution had also drawn attention to evidence that Panday had previously interfered with State witnesses, had tried to bribe an investigating officer and was proved to have the financial means to live a luxurious lifestyle even after his assets had been seized by the Asset Forfeiture Unit.
The magistrate agreed with the submissions of the prosecutor and dismissed Panday’s application to be released on bail.
“In the corruption matter that is ongoing before the Durban High Court where he is charged with eight others, the State alleges that he was effectively in control of several entities which had received payments from the South African Police Services (SAPS) amounting to approximately R47 million, owing to a corrupt relationship formed with members of the Supply Chain Management Division of the SAPS. These payments were allegedly made by the SAPS in respect of services rendered, preceding and during the Soccer World Cup in 2010,” NPA said.
It said Panday faced tax fraud charges as a result of the submission of tax returns in respect of the entities that he had controlled which had received payments from the SAPS during the 2010 and 2011 tax years.
“After the Investigating Directorate Against Corruption had extended its investigations into the tax compliance of the entities controlled by Panday, tax investigations conducted by Sars revealed that declarations made in the tax returns were false. It is alleged that Sars had suffered prejudice in the amount of approximately R 7.3 million as a result of these false tax declarations.”
The Star
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