Former judge Willem Heath has announced his intention to canvass support to establish an independent body to monitor corruption and manipulation in the criminal justice system, which could well provide the framework for a future judicial commission of inquiry.
”Based on my experience in the matter against [gold mining magnate] Roger Kebble, it is abundantly clear that various organs of state in the criminal justice system, including the South African Police Service (SAPS) and the prosecutorial arm, have become susceptible to bribery and corruption.
”It appears that it is possible to orchestrate a high-level public arrest complete with temporary incarceration, all in pursuit of private agendas that are divorced from the justice system,” Heath stated on Thursday evening.
Heath was retained by former Durban Roodepoort Deep (DRD) deputy chairperson and current JCI chairman Roger Kebble to investigate the circumstances surrounding the businessman’s arrest on November 11 last year.
In July this year, Heath announced his findings to the authorities. Both his report and an independent report by Gobodo Forensic Investigative Accountants found no evidence to support any charges against Kebble.
”My investigation led me to an examination of the behaviour of the SAPS, the office of the Directorate of Public Prosecutions, DRD Limited, its chief executive officer, Mr Mark Wellesley Wood, Associated Intelligence Network (AIN) and members of the forensic division of Deloitte & Touche.
”Wellesley Wood, driven by malicious intent and a desire to consolidate his own position at DRD, embarked on a programme to discredit Kebble and provide for him to be prosecuted under the criminal code of South Africa.
”This was one of a number of acts that resulted in Roger Kebble being forced from the board of DRD and formed part of an orchestrated attack on the Kebble family.
”To assist him in his endeavours, Wellesley Wood retained the services of Warren Goldblatt of AIN, who was tasked with the responsibility to construct evidence by whatever means that could be used to prosecute Kebble,” Heath stated.
Heath said he uncovered evidence that AIN had illegally accessed private and confidential information about Kebble’s bank accounts, telephone records and tax records.
The information, illegally gathered, was then manipulated to create the illusion of criminal behaviour. It is clear that AIN then paid members of the SAPS to use the information to prepare an official docket.
”The only crimes committed here are those which have been perpetrated by Wellesley Wood, Goldblatt and certain corrupt officials,” Heath concluded.
Heath said a growing sense of unease about what he perceives to be increased corruption and manipulation of the criminal justice system prompted him to speak out.
”There seems to be a practice adopted by the prosecuting authority to use the process to create a perception of guilt. Of particular concern is the apparent insatiable appetite of the office of the Director of Public Prosecutions to persecute high-profile citizens and politicians whose
commercial or political agendas are in opposition to certain people who can manipulate the course of justice.
”I despair for the future of the criminal justice system in South Africa, unless this kind of manipulation can be stamped out,” he asserted.
Commenting on the fact that Kebble had finally, after nine months, six court appearances and an ultimatum from magistrate Hein Louw, been
presented with a charge sheet, Heath expressed his outrage and disgust at what he termed ”a desperate cut and paste” job hastily assembled to avoid the embarrassment of having the case struck from the roll.
”The charge sheet provides for a number of counts of fraud, alternatively theft, alternatively non-disclosure of Kebble’s interest in Skilled Labour
Brokers. Very importantly, obvious circumstances relevant to the events pertaining to the relationship between DRD and Skilled Labour Brokers were conveniently omitted,” according to Heath.
”In my view what happened to Roger Kebble is scandalous. It is time for members of the judicial system to stand together and ensure that citizens are safe from malicious prosecutions,” he said. — I-Net Bridge
Kebble seeks to have charges dropped