‘Gang boss’ fights to get assets back

The National Director of Public Prosecutions (NDPP), meanwhile, wants the assets permanently restrained.

Ah Shene and his company, Coral Blue Trading, face eight counts of fraud totalling more than R2.1-million.

According to the indictment, between July 2003 and March 2009, he submitted false tax returns to the SA Revenue Service by under-declaring his income.

He was nabbed and his assets provisionally restrained in October.

Ah Shene, 50, is believed to be the founder of Port Elizabeth’s oldest northern areas gang, Ah Shenes, also called The Chinas.

The NDPP wants the Port Elizabeth High Court to make the order final on the basis that the assets are the proceeds of unlawful activities.

Judgment was reserved yesterday.

Advocate Chris Ndzengu, instructed by the Asset Forfeiture Unit’s Warren Myburgh, had argued that by defrauding SARS or evading tax, Ah Shene derived, received or retained R2.1-million as a tainted benefit in terms of the Prevention of Organised Crime Act (Poca).

“Accordingly, there are reasonable grounds to believe that a confiscation order may be made against them to dislodge such ill-gotten benefit from their hands,” Ndzengu said.

The application extends to Ah Shene’s wife, Virginia, because the two are married in community of property.

Ah Shene’s advocate, Brent Harker, argued that Poca was not a trump card to be used when investigating techniques had produced no evidence.

“The [NDPP] has produced no evidence that entitles it to a final order – except speculation and omission of facts and evidence favourable to [Ah Shene].”

Harker said it was likely that Ah Shene would be acquitted in the criminal matter.

A trial date has not yet been set.