NPA to prosecute Richard Mdluli, Heine Barnard

2015-03-13 10:04

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The National Prosecuting Authority has revived the case against Lieutenant General Richard Mdluli and Colonel Heine Barnard and has instructed them to appear in the Pretoria Commercial Court on April 1.

NPA spokesperson Velekhaya Mgobhozi confirmed to Netwerk24 this morning that both legal teams and the representatives of Freedom Under Law had been informed that the prosecution of Mdluli would go ahead.

Netwerk24 assumes that Mdluli, suspended crime intelligence boss, and Barnard, who was also with the intelligence division, will appear on the original charges of alleged fraud, corruption and money laundering. The charges were withdrawn in December 2011 on an instruction by Lawrence Mrwebi, head of the NPA’s commercial crime unit.

Mxolisi Nxasana, national director of public prosecutions, decided to revive the case against the two 11 months after the appeal court in Bloemfontein ratified the North Gauteng High Court’s ruling to set aside Mrwebi’s instruction.

This automatically kickstarted the court proceedings, but Nxasana only decided this week to give the instruction to place it back on the court roll.

From June last year, four of the NPA’s top prosecutors have been studying the police dossier on Mdluli and Barnard and on Tuesday handed their report to Nxasana.

Mdluli and Barnard were earlier accused of defrauding Leo Haese BMW and Atlantis Nissan in 2010 by allegedly pretending that Mdluli’s BMW 730D belonged to the police in order for him to get a discount on a trade-in.

According to the charge sheet, this fraud amounted to R1?283?989,01.

Meanwhile, the state is busy investigating charges of perjury against Mrwebi and advocates Nomgcobo Jiba and Sibongile ­Mzinyathi regarding their handling of the Mdluli case.

According to Mgobhozi, the state is almost ready to place this case on the court roll.

Jiba is the deputy head of the NPA and ­Mzinyathi is the director of public prosecutions for North Gauteng.

» This article first appeared on Netwerk 24. Read it here.

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