The fraud and theft trial involving a former PRASA manager and a Cape Town businessman has been further delayed due to a dispute over whether a key state witness should be allowed to testify virtually.

The case concerns the alleged unauthorised removal and sale of 42km of railway line between Sterkstroom and Khowa in the Eastern Cape in 2012, a matter that has already been before the courts for seven years and has been repeatedly postponed for various reasons, including legal changes by the defence and procedural delays.A central witness for the state, Adrian Samuels, who previously managed Akisisa, is currently working in Dubai.He has told the court that he is unable to afford a flight back to South Africa and has struggled to secure funds despite his willingness to testify.

The state argues that virtual testimony should be allowed under amended provisions of the Criminal Procedure Act, citing both cost and repeated logistical difficulties that have resulted in wasted travel and accommodation expenses for other witnesses who were ultimately not called to testify.

The defence strongly opposes virtual testimony, arguing that it undermines the accused persons’ right to properly cross-examine witnesses in person and raising doubts about the witness’s credibility and whereabouts.They have also pointed out previous issues related to attendance and arrest warrants linked to missed court appearances.

Court officials testified that public funds are being used for witness travel, and that repeated postponements have placed unnecessary strain on resources.

Investigating officers also noted that other witnesses based in different provinces have expressed frustration with travelling to Gqeberha only for hearings to be postponed.

The court is expected to rule on the state’s application to allow virtual testimony on 9 June, a decision that could influence how remote evidence is handled in this long-running and closely watched corruption case.