Gerrie Nel, the head of the Directorate of Special Operations in Gauteng — also known as the Scorpions — who was released on bail on Wednesday following his dramatic arrest by police the night before, hopes to be back in his post on Thursday.
Nel, who also heads the Scorpions investigation against police National Commissioner Jackie Selebi, was arrested at his Pretoria home in front of his wife and children at about 9pm on Tuesday night.
On Wednesday his legal team brought an urgent application to the Pretoria High Court to secure his release. That case was postponed indefinitely, giving his team a chance to bring a late afternoon bail application to the Pretoria Magistrate’s Court.
Once at the court, his case was postponed to Monday to give the prosecution time to study the docket, which contains charges of corruption and defeating the administration of justice.
Nel, who wore a green chequered shirt and chinos, was granted R10 000 bail on condition that he did not interfere with the police investigation.
He smiled at reporters as he entered the dock but once he was granted bail, he managed to escape questions from reporters.
His attorney, Ian Small Smith, said Nel handled the arrest very well.
”I’m unbelievably proud of him, he is a strong man, he is a bull-terrier. He is obviously upset, he feels very sorry for his wife and kids to have seen his arrest — but he’s going to be back at work, I’m sure of it,” Small Smith said.
However, by late Wednesday afternoon, it was still unclear as to when he would actually return to work.
”The National Prosecuting Authority [NPA] is yet to consider the matter. He will be told as soon as possible [as to when he would return to work],” said the NPA’s Tlali Tlali.
Small Smith questioned the way in which police handled the issue, saying Nel could have been asked to hand himself over to police, rather than being arrested and handcuffed in front of his family.
”If the charges were of a violent nature and he was a dangerous man, one could understand it, but it was unnecessary — it looked like a power display by police,” he said.
He said it was still unclear as to what the charges against Nel were.
”We don’t have access to the dossier and we ourselves are not 100% sure. The warrant of arrest is hazy; it just speaks of corruption and defeating the administration of justice … but it does not give the exact accusations,” Small Smith said.
Shock
Advocate Mokotedi Mpshe, the acting National Director of Public Prosecutions, has expressed his shock and concern about the arrest.
”The NPA wishes to express its serious concern about the process followed in this matter,” it said in a statement after Nel’s release.
Mpshe said the allegations against Nel first came to light in September last year.
”Several different prosecutors were approached and were requested to apply for an arrest warrant for advocate Nel. They all declined on the basis that there was not sufficient evidence in the docket,” Mpshe said in the statement.
Advocate Sibongile Mzinyathi, the acting head of the prosecutions service, was appointed to take direct charge of the matter to ensure that it enjoyed priority attention.
In October 2007, Mzinyathi met with the investigating team and indicated that there was not sufficient evidence in the docket to justify an application for an arrest warrant.
In December, Mzinyathi enquired from the investigating team about progress in the matter, indicating the urgency thereof and stressing the willingness of the NPA to assist.
The investigating team responded to this letter in writing by indicating that they had made progress in the investigation and would approach the NPA when further assistance was required.
This was the last formal discussion between the two state security agencies before Nel was arrested at his home on Tuesday.
Nel led the investigation into the shooting of mining magnate Brett Kebble and led the state’s probe into alleged criminal activities by Selebi.
His arrest comes as pressure mounts on the NPA to disclose its decision on whether or not Selebi has a case to answer.
On December 16, the NPA said it had made the decision following a report received from a panel tasked with reviewing the criminal charges against Selebi, who is also the current head of Interpol.
Selebi has come under fire for his involvement with convicted drug-trafficker Glenn Agliotti, who stands accused of Kebble’s murder.
An arrest warrant against Selebi was cancelled in September last year.
Nel had obtained it from the Randburg chief magistrate on September 10 for Selebi’s arrest for alleged corruption, fraud, racketeering and defeating the ends of justice. — Sapa