Top officials claim transcript of phone call proves ‘mafia-style’ conspiracy to sabotage case against Scorpions’ Gauteng boss.

Police are planning to arrest the National Prosecuting Authority’s (NPA’s) top brass for allegedly interfering in the prosecution of Gerrie Nel, the Gauteng head of the Scorpions.

Police this week confirmed that they had also asked acting national director of prosecutions Mokotedi Mpshe that the case be dealt with by an independent prosecutor.

Those in the police’s line of fire are Mpshe, head of prosecution services Sibongile Mzinyathi, former Scorpions boss Leonard McCarthy and his successor, Thanda Mngwengwe.

The move follows their failure to charge Nel, the prosecutor in the case involving national police commissioner Jackie Selebi. Nel was arrested on January 8 last year, but the case was dismissed six days later due to a lack of evidence.

The case against Nel related to allegations that he interfered in the prosecution of Cornwell Tshavhungwa, the former Scorpions deputy director who has since been convicted of corruption and fraud.

Police say NPA prosecutors ­ including McCarthy and Mpshe ­ allegedly conspired to “sabotage” the prosecution of Nel.

Police appear to be relying on a transcript of an official interception of a phone call that McCarthy made to then head of operations Mngwengwe, on October 29 2007.

In a sworn affidavit in possession of the Sunday Times, Gauteng deputy provincial commissioner Richard Mdluli, who led the Nel investigation, claims the interception ­ which was made by an unnamed police officer during a separate investigation ­ “reveals a well-orchestrated plan” by Mpshe, McCarthy, and Mngwengwe to “frustrate our investigations in order to protect Nel”.

He claims NPA management acted like a “gang of criminals in a mafia-style operation designed and calculated to protect one of their own”.

Mdluli claims the interception shows that NPA officials had planned to pass on information pertaining to their investigation to Nel ­ who was then a suspect in the police case.

Mdluli confirmed this week that police were still pursing Nel ­ and that their investigation had now been expanded to include other top NPA officials involved in the alleged conspiracy to protect Nel.

Mdluli also confirmed police had made a request to Mpshe for independent prosecution.

NPA spokesman Tlali Tlali said police should be allowed to conduct any investigation. “It is not in our nature to shield people from investigations.”

­ ngobeniw@sundaytimes.co.za

With acknowledgements to Wisani wa ka Ngobeni and Sunday Times.