A witness’s life was endangered when Attorney General Tim McNally released her from the state protection programme, writes Ann Eveleth
THE family of a South Coast witness to violence this week accused KwaZulu-Natal Attorney General Tim McNally of endangering her life.
The witness – a former Inkatha Freedom Party member who turned state’s evidence early last year – was saved by violence monitors two weeks ago from being returned to her home in the IFP stronghold about which she had given evidence.
She was being taken home as a result of instructions given by McNally after his office declined to prosecute two cases for which the witness had provided statements.
The witness’s relatives say the move was a slap in the face after she had taken the risk of identifying key suspects in the area. “If we knew this was how she would be treated she would not have taken the risk,” said one family member.
Network of Independent Monitors (NIM) director Jenni Irish said NIM had been contacted by family members as the witness was being transported back to her home on the South Coast: “We contacted people in the witness protection programme and after some fast negotiation involving Pretoria they managed to delay her removal from the programme. It would have been a disaster to send her home to a place where she has accused her neighbours.”
McNally admitted he had instructed that the witness be removed from the programme, but denied this was an act of callousness. “The decision to release her was made by me in terms of my responsibilities under Section 185A of the Criminal Procedure Act,” he said.
McNally said the witness had given evidence as an accomplice witness during a murder trial, but was denied indemnity by the judge who “found that she had not answered all questions put to her frankly and honestly”.
McNally added that the move to withdraw the witness from protective custody followed a decision by his office not to prosecute, because he said there was insufficient evidence in two other cases for which she had submitted statements.
“She is no longer a prospective witness. Her release is not a matter of callousness,” he said.
KwaZulu-Natal Witness Protection Unit head Captain Gideon du Toit said his office was still investigating the circumstances around the attempt to return the witness to her home, but said his office had agreed to take her back into the programme temporarily until she could be relocated to a safer place.
“Witnesses who are not needed are often taken out of the programme, but sometimes I do stick my neck out and overrule the attorney general to ensure a witness is not put in danger,” he said.
Du Toit said the witness would be relocated under a new national witness protection programme now being prepared.