The National Prosecuting Authority (NPA) made a ”concerted effort” to undermine investigations into Scorpions boss Gerrie Nel and prevent his prosecution, Gauteng police said on Thursday.
In a statement, Superintendent Lungelo Dlamini said prosecutors had refused to look at evidence presented to them in September, which implicated Nel in criminal activity and requested them to apply for a warrant of arrest.
Nel was arrested at his home on Tuesday night on charges including corruption and defeating the administration of justice.
”The prosecutors who were approached refused to even look at the evidence as soon as Nel’s name was mentioned.
”The reasons cited ranged from the fact that Nel is a senior member of the NPA to their involvement being against NPA policy,” said Dlamini.
He said the NPA had been approached to seek their involvement and cooperation.
Dlamini said investigators found the situation unacceptable and more evidence was gathered.
”[Further] evidence was gathered, which indicated that there was a concerted effort from within the NPA to undermine and derail the investigation in order to prevent prosecution,” he said.
Dlamini said police disputed an NPA media statement on Wednesday by acting National Director of Public Prosecutions Mokotedi Mpshe.
In the statement, Mpshe said several different prosecutors were approached and were requested to apply for an arrest warrant for Nel.
”They all declined on the basis that there was not sufficient evidence in the docket,” Mpshe said.
Dlamini said: ”The SAPS [South African Police Service] disputes this.”
He said the refusal was the subject of a separate investigation.
”The SAPS therefore had no other recourse than to obtain a warrant of arrest from an independent magistrate and to proceed,” he said.
Dlamini said Mpshe had been personally presented with evidence to support the police’s version of facts on Wednesday.
”The said tangible evidence explained why liaison between the SAPS investigation team and advocate [Sibongile] Mzinyathi — appointed by Mpshe to assist — had been discontinued.
”The media statement which was later issued by the NPA was certainly not informed by the evidence presented,” he said.
Dlamini said the SAPS was ”convinced” it had a prima facie case against Nel.
”[The SAPS] finds it strange that, in certain quarters, the motive behind the investigation and arrest is being questioned.
”Surely no law-abiding citizen would prefer the SAPS to ignore allegations of criminal acts just because the accused is a member of the NPA responsible for various investigations.”
NPA spokesperson Tlali Tlali on Thursday said the prosecuting body stood ”100%” behind its earlier statement.
”We are not interrogating or questioning the merits. If the police have carried out a legitimate investigation and if what is contained in the docket will be able to survive the test in court, we are saying well and good.
”It is not for us to shield, to harbour or to protect anyone who has committed an act of crime,” said Tlali.
He said the it could not be argued that there had been any reluctance on the part of the NPA.
”Every agreement that we made, there is correspondence to that effect. We are in a position to produce [these] communications,” Tlali said.
Nel appeared in the Pretoria Magistrate’s Court on Wednesday and was granted R10 000 bail.
He is expected to appear in court again on Monday. — Sapa