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Closing arguments heard in R100m abalone smuggling trial


Closing arguments were heard in the trial against three Chinese Nationals who have been charged in connection with the illegal exportation of about 40 tons of perlemoen valued at R100 million.

It is now up to Judge Fungile Dotwana of the Gqeberha High Court to determine whether the state had proved their case against Kai Ou Yang, 65, Chu-Kai Chang, 48, and Hsien-Chu Ou Yang in her capacity as a member of Blue Fin Marine Trading CC.

The accused faces 24 charges which include fraud, racketeering, money laundering, and the contravention of the Marine Living Resources Act.

Blue Fin Marine Trading CC conducted business in the wholesale and distribution of seafood products, restaurants, and shipping. 

State Prosecutor, Benedict Wilson said the investigation started with a container that was discovered in the Port Elizabeth Harbour.

He drew the court's attention to the fact that two more containers that contained perlemoen were also seized.

According to Wilson, the common thread between the seized containers, was Blue Fin Marine Trading CC, as relayed to the court by various state witnesses who testified.

In touching on the charge of racketeering, Wilson said the State must prove at least two predicate offences.

He contended that these requirements had been met.

Defence Advocate Michael Hulley said the State did not present any evidence to the court that proved that the accused derived any financial benefit from the alleged illicit affairs.

According to Hulley there was no evidence, circumstantial or otherwise, that showed a common purpose was formed.

He disagreed with Wilson's sentiment that the State proved predicate offences.

The accused were arrested in February 2022 after a police investigation that started in 2017 uncovered that abalone was allegedly being shipped illegally via the Cape Town, Durban, and Port Elizabeth Harbours.

The abalone is said to have been destined for the Asian markets.

Dotwana will deliver his judgment on 19 February next year.