NEWS
SCHEDULES
COLUMNS
PREVIOUS TOURS
OTHER SPORTS
STATISTICS
INTERVIEWS
SLIDE SHOW
ARCHIVES

Cronje's June 22 testimony

COMMISSIONER: So, I repeat to you, you've told me again the nature of your - the motivation for the objection, what do you want? What are you asking me to rule?

MR WALLACE: I'm asking you to rule that these questions, this line of questioning is an inappropriate and unfair line of questioning, because it is based on assumptions which are not justifiable, and facts not proven and which my learned friend can't prove. In those circumstances, with respect, it is unfair to the witness.

COMMISSIONER: Well, in other words, you're objecting to questions being put on the basis of the contents of this transcript. I understood you not too long ago to say that you wouldn't object at this stage to that, but that you'd reserve your position and object later in so far as may be necessary. Have you changed your tack?

MR WALLACE: No, Mr Commissioner. I indicated that if my learned friend posed questions which lead to proof, then in so far as that was possible and permissible for her to ask questions, that was - I had no objection. But at the moment she is putting to Mr Cronjé that the word 'playing' in this extract is - has a particular meaning and that that meaning is incompatible with the meaning which he gives to it. And in order to do that, she is assuming that this is a complete transcript of a complete telephone conversation, which on it's own face it manifestly is not, and she is on that basis assuming a meaning and she is putting to the witness that the meaning he attaches to the words cannot be correct. With respect, Mr Commissioner, that is not an appropriate or proper form of cross-examination. I'm just doing my job and objecting to it.

COMMISSIONER: I have no problem with your doing your job and objecting to it. I would be inclined to think it is the obvious way of cross-examining and it's been put on - it's -your client has already suggested that this may not be the whole tape, In fact, he's gone further and he's suggested that it may not be an original tape at all, or a transcript of it. It may be doctored, it may be non-existent. Now all that was taken into account when you and I debated the point a little earlier this afternoon and I understood you to say that you were reserving your position and that Ms Batohi could cross-examine. Now is that no longer so?

MR WALLACE: Mr Commissioner, I am perfectly prepared for my learned friend to ask such questions as may properly be asked on the basis of this material, notwithstanding its background difficulties. But when the questions she asks are, in my submission with respect, improper, not factually based, then I will object to them. And that is why I've raised an objection at this stage. I've merely objected to the line of questioning, which is directed at the meaning to be attached to the word 'playing', because that, in my submission, is an improper line of questioning in the light of the background which you've mentioned to me. It's only that question that I'm concerned with, she's welcome to ask any other questions that may properly be asked on this material. But with respect, that question and that line of questioning is not an appropriate or proper line of questioning, and I object to it.

COMMISSIONER: Well, I must confess I can't see any reasonable objection to the line of questioning that Ms Batohi is seeking to pursue. It's - obviously it's hypothetical in the sense that there may be something either before or after it, but as it stands it is susceptible either of the interpretation that Mr Cronjé puts on it, or I would have thought equally on the interpretation of what Ms Batohi seeks to put on it. If in fact, it's subsequently argued that because there is no apparent beginning to it, although I would have - well, let's assume there isn't and also that it ends rather abruptly, that there may have been more that's relevant, well then one will obviously take that into account in assessing and evaluating the question and the answer. Perhaps, Ms Batohi, you could put your question differently and Mr Cronjé is now well aware - you're aware of what your counsel has said, that this is not necessarily a complete version. But on the other hand it does, as it stands there, allow for more than one interpretation of the word 'playing'. You've said that as far as you're concerned it's playing in the sense of playing in a match.

MR CRONJE: That's correct.

COMMISSIONER: Well, Ms Batohi, the other construction, we can argue that out. It's a matter probably for argument. So let's carry on in the little time we have left.

MS BATOHI: As it pleases you, Mr Commissioner. I think, Mr Cronjé, this is going to be an extremely difficult exercise, but hopefully you'll be able ...(intervention)

MR CRONJE: We had an obligation at the start that we're both on the same side, so we're going to try our best.

MS BATOHI: I'm encouraged to hear that.

COMMISSIONER: The two of you on the same side, I'm not taking any bets. (general laughter)

MR CRONJE: You're safe on my side because I've got money on her, don't worry, I....

MS BATOHI: That's not going to make the questions any easier, Mr Cronjé. In any event, the second portion of that transcript - I'm afraid you're going to have to help us because, as you say, I accept it's not a complete transcript, and if you - I'm going to expect you to guide us and tell us where these conversations took place, could have taken place, et cetera, and whether you recall having had conversations of similar content as it appears in this exhibit. Now the second one is fairly long. If you look at it, it starts just after the two lines on BA-W2, and it runs through to the bottom of that page. Well, maybe you can help me. Do you need time to read that conversation before I ask you any questions on that?

MR CRONJE: Depends what you're going to ask, Ms Batohi.

MS BATOHI: Well, do you recall such a conversation having taken place?

MR CRONJE: I recall having a lot of conversations and that could be one of them, yes.

MS BATOHI: Well, maybe you should look at that conversation and decide whether that conversation is something that rings a bell with you.

MR CRONJE: The fact that I spoke to Sanjay rings a bell, yes. So that could very well be one of the conversations, Ms Batohi.

MS BATOHI: Let's not go around in circles, Mr Cronjé. I know you spoke to Sanjay on a number of occasions. That particular conversation, maybe you should take time to read it and tell me whether it is a conversation that took place between you and Sanjay.

MR CRONJE: Yeah, that could very well be.

MS BATOHI: Now I'm going to take you through that conversation and there's a couple of questions that I need to ask you about that. Firstly, you state five lines down from the top: "No, no. They were saying they were already doing Cochin. The other guys are already angry with me because I have not received their money, you know." Did you say that to Sanjay?

Click here for more....