|
Main Selebi prosecutor wants to sue police |
| Publication |
Cape Argus |
| Date | 2009-05-18 |
|
Web Link |
Jackie Selebi's lead prosecutor wants the police to cough up R300 000 for
what he claims was his "wrongful" revenge arrest.
Now, after missing their deadline to respond to Gauteng Scorpions boss Gerrie
Nel's court claim against them, the police are asking the Pretoria High Court
for the right to defend themselves against his accusations - and show why Nel's
arrest was above board.
Nel is suing the Minister of Police, Nathi Mthethwa, over his arrest in January
last year for corruption and defeating the ends of justice.
He claims this was "motivated by an ulterior motive, being an act of revenge"
against him for "performing his duties".
The National Prosecuting Authority (NPA) elected not to prosecute Nel, on the
basis that there was no evidence against him.
Arguing that his arrest was "intended to humiliate and degrade" him, Nel claims
there was "no reasonable cause" to believe that he had committed any of the
offences for which he was arrested.
But, in court papers, senior police legal adviser Eleanor Groenewald said there
was nothing untoward in the police's conduct towards Nel.
"The conduct of the arresting members of the South African Police Service fell
full-square within their functions and objects of having to prevent, combat and
investigate crime.
"The detention of (Nel) was intended to, inter alia, maintain public order and
to protect and secure society given the nature of the crimes (Nel) was charged
with."
Addressing Nel's claims that there was no evidence against him, Groenewald said
"there had been sufficient information strengthening the allegations that (Nel)
had committed the offences that he was being accused of and/or arrested for".
Asking that the police be allowed to respond to Nel's claim, despite missing
their deadline to do so, Groenewald said it was in the interest of justice that
they be given the chance to defend themselves.
Pointing out that not allowing the police to respond would force them to pay
Nel's "huge" R300 000 claim, she added that this would "significantly and
adversely prejudice the public, including the public purse".
Nel's legal team have indicated that he would oppose the police's application. A
court date for that hearing has yet to be set.
Attorney Ian Small-Smith, representing Nel, last week declined to answer
questions about his client's claim.
Meanwhile, the status of the police investigation into Nel remains unclear.
NPA spokesperson Tlali Tlali confirmed that the police had approached the NPA
last year to be allowed to prosecute Nel with a privately appointed counsel.
"The NPA was not able to accommodate the request as there is no legal basis for
that to take place. It is not clear if this request is being regurgitated on new
grounds," he said.
Nel has previously received support over his arrest from acting NPA head
Mokotedi Mpshe, who last year expressed "serious concern" about the process
followed by police in their bid to obtain an arrest warrant against Nel.
The NPA had raised alarm over the fact that the police had failed to get Mpshe's
written permission for Nel to be charged, as required by policy directives in
the NPA Act.
The NPA described how police had repeatedly tried and failed to persuade
"several different prosecutors" to apply for an arrest warrant against Nel - all
of whom refused "on the basis that there was insufficient evidence in the
docket".
A magistrate was finally persuaded to sign an arrest warrant.
With acknowledgements to Cape Argus.