Controversial KZN cop to challenge NPA
head's charges against him
2017-01-31
15:49
Tania Broughton, News24 Correspondent
Shaun Abrahams, national
director of the National Prosecuting Authority. (Netwerk24)
Durban – Controversial Durban police officer Colonel Navin Madhoe
has taken NDPP Shaun Abrahams to court to challenge his decision to reinstate
corruption charges against him and businessman Thoshan Panday.
Madhoe and the politically-linked Panday allegedly tried to bribe
KwaZulu-Natal Hawks head Major General Johan Booysen.
The application, filed in the Durban High Court, could see
Abrahams pitted against KwaZulu-Natal’s head of prosecutions Moipone Noko. She
decided to withdraw charges against Madhoe and Panday in 2014, claiming there
was no winnable case.
The pair allegedly offered Booysen R2m in return for what was said
to be a crucial document in a R60m FIFA World Cup police accommodation tender
fraud case.
Madhoe is a career police officer, who is still the head of
procurement in KwaZulu-Natal. He was arrested in a filmed "sting
operation". Panday was linked to the case through cash allegedly handed
over in a suitcase.
Noko withdrew the charges after the two made representations. Last
year, Abrahams informed them that the corruption charges would be reinstated.
Madhoe wants Abrahams' decision declared "unlawful"
because it goes against Noko’s decision. Abrahams gave no good reason
"other than, there is evidence in the police docket", Madhoe says in
his affidavit, in which he cites both advocates as respondents.
'He is talking rubbish'
He blames Booysen for Abrahams' decision and claims the policeman
and the prosecutor are trying to "settle scores", and that he is just
a pawn in the matter.
"Abrahams authorised racketeering and murder charges against
Booysen (in the Cato Manor death squad case) in February last year. Booysen
alleges a political conspiracy involving Panday and Abrahams.
"In order to counter and neutralise this theory, Abrahams
publicly announced to the entire national and international media that we were to
be charged. Even Booysen said it was a cynical move," Madhoe says.
He repeatedly claims in his affidavit that he is an important
witness in Cato Manor trial, which is pending before the Durban High Court.
But, in an interview with News24, Booysen said the witness list
had long been finalised – as confirmed by the prosecutor in open court – and
Madhoe had never been on it. There was also no statement from him.
"He is talking rubbish," Booysen said.
Noko’s reasons for dropping the charges form part of the court
documents. She alleges Booysen wanted to "silence Madhoe" because of
his "damning evidence against him".
'Conjecture, innuendo, and untruths'
She claimed to have evidence of a conspiracy to oust KwaZulu-Natal
police commissioner Mmamonnye Ngobeni so that Booysen could take her place.
Booysen, in an official document, describes Noko’s reasons as
"verbose, permeated with conjecture, innuendo, and untruths".
Panday has not launched a similar challenge. His attorney was in
court monitoring proceedings when the matter came before Judge Jacqui Henriques
on Monday.
Both Abrahams and Noko had filed notices of opposition. The matter
was adjourned for them to file papers.
Ngobeni had been suspended from duty ahead of an internal
investigation into allegations that she had a corrupt relationship with Panday.
She allegedly interfered with the investigation into his role in the World Cup
fraud matter. She had launched her own court challenge to this.
Booysen was also suspended. He and the remaining 26 accused in the
Cato Manor case appeared briefly in court this week. They were all challenging
the decision to prosecute them. Their matter was adjourned until September this
year.
