A Pietermaritzburg magistrate on Wednesday laid a charge of defeating the ends of justices against the Directorate of Special Operations (DSO), police said.

Superintendent Henry Budhram confirmed that magistrate Ashin Singh had opened the case against the DSO prosecution team that originally charged and prosecuted him on 12 counts of defeating or obstructing the course of justice.

That team included Billy Downer, the man who is now part of the legal that is prosecuting African National Congress president Jacob Zuma.

Last week Tuesday Singh applied to be admitted as an amicus curiae (friend of the court) in the Zuma case in an attempt to get the court to consider interdicting Downer from being a part of the prosecution team against Zuma.

On Friday Singh withdrew his application. However the State refused to accept the case being withdrawn unless there was "a complete and unequivocal withdrawal of the allegations of misconduct and dishonesty against Mr Downer and Mr (Chris) Macadam".

The legal battle between Singh and the Scorpions dates back to 1999 when Singh was seconded to the Investigating Directorate for Organised Crime and Public Safety in KwaZulu-Natal. The directorate, headed by Chris MacAdam, later formed part of the Scorpions.

Singh was subsequently expelled, arrested, charged and prosecuted on 12 counts of defeating or obstructing the course of justice, unauthorised disclosure of information, making a false statement under oath and contravening sections of the Protection of Information Act and the Interception and Monitoring Prohibition Act.

He won a permanent stay of prosecution when the trial magistrate ruled in 2003 that evidence against him had been obtained illegally.

Singh then launched a private prosecution against former national director of public prosecutions Bulelani Ngcuka, KZN Scorpions head Clifford Marion and other senior officials of the National Prosecuting Authority, including Downer -- who prosecuted Schabir Shaik.

On August 4, 2006, Acting Judge Nigel Hollis dismissed Singh's application, saying in a reserved judgment that Singh had failed to satisfy the necessary legal requirements for launching such a prosecution.

In a case that is currently before the Pietermaritzburg High Court, Singh is claiming R2,87-million from the minister of justice and constitutional development.

His claim is made up of R2,5-million for insult and R370 000 costs to defend himself from prosecution in relation to his being arrested and charged. - Sapa

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With acknowledgements to Sapa and Cape Times.