The High Court in Johannesburg found on Friday morning that the Magistrate’s Court had made the wrong inferences and therefore failed to fulfill its legal duties by not releasing Angelo Agrizzi on bail.
“As a result, Agrizzi is now in hospital in a serious condition,” Judge Ratha Mokgoatlheng said on Friday when he granted bail to Agrizzi.
Agrizzi’s legal team filed an urgent application two weeks ago to appeal against Magistrate Phillip Venter’s refusal of bail.
Agrizzi, along with Vincent Smith, former ANC MP, is charged with corruption. It relates to R800 000 that Agrizzi paid to Smith.
Agrizzi was jailed on October 14 after appearing in court with a nasal oxygen machine. He was transferred to a state hospital after one night and to a private hospital a few days later.
Mokgoatlheng said in his ruling that the magistrate’s court had not considered all the bail conditions that would ensure that Agrizzi did not flee the country.
“The magistrate did not fulfill his legal duties by making the wrong inferences,” Mokgoatlheng said.
He subsequently granted bail equal to the value of Agrizzi’s property in Italy, and ordered his immediate release.