Prosecutor put on ice to "protect Mdluli"

Prosecutor put on ice to "protect Mdluli"
Sapa | 27 July, 2012 00:111 Comments

Richard Mdluli. File photo.
Image by: PEGGY NKOMO
NPA prosecutor Glynnis Breytenbach's suspension was linked to her probe into former crime intelligence boss Richard Mdluli, her disciplinary hearing heard yesterday.
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EmailPrint"It happened at the same time as matters relating to the Mdluli matter came to a head," her counsel, Wim Trengove, said.

He said commercial crimes unit head Lawrence Mrwebi and Breytenbach had "heated clashes" in November and December.

Trengove was cross-examining Hercules Wasserman, acting senior manager of the National Prosecuting Authority's integrity management unit, at the NPA offices in Silverton, Pretoria.

"Advocate Mrwebi ... ordered that charges against General Mdluli be withdrawn. Advocate Breytenbach protested that the reasons for the withdrawal were unfounded and prosecution should proceed," Trengove said.

On December 14, charges against Mdluli were provisionally withdrawn.

Breytenbach and a colleague prepared a memorandum in the first half of April, challenging the decision to suspend the prosecution of Mdluli.

On April 26, Mrwebi responded, making it clear that Mdluli would not be prosecuted.

Mdluli faced a raft of fraud and corruption charges relating to the alleged misuse of a secret crime intelligence fund to buy luxury vehicles. He also faced a charge of murder relating to the death of a former lover's husband.

Breytenbach was officially suspended on April 30.

This was after Mrwebi sent a memorandum in mid-January to the acting national director of public prosecutions, Nomgcobo Jiba, calling for Breytenbach to be removed from investigating the Sishen/Kumba Iron Ore and Imperial Crown Trading mining rights dispute.

She had, however, already been removed on November 25 after a complaint by Mendelow Jacobs Attorneys on behalf of Imperial, in October, that she had failed to act impartially.

Breytenbach was told on February 2 of the NPA's intention to suspend her.

Trengove asked Wasserman what had changed between November and February to warrant Breytenbach's suspension.

"On the face of it, it's inexplicable that they should now want her suspended given that there was no reason to do so on November 25, and nothing has changed since then," Trengove said.

He suggested that the only explanation for the turnabout was Mrwebi's memorandum.

Wasserman said he could not comment.

Breytenbach has pleaded not guilty to all 16 charges, which include improper conduct and insubordination, brought against her.

She has contended that she was removed in an attempt to protect Mdluli. The NPA has denied this.