Nel 'could sue the State'

2008-01-14 14:10

Pretoria - Charges against Gerrie Nel, the head of the Scorpions in Gauteng, were withdrawn in the Pretoria Regional Court on Monday.

"After careful consideration of the evidence in the docket, the decision was made to withdraw the charges," chief prosecutor Matric Lupondo said during Nel's brief appearance.

Nel, who was dressed in a grey suit, managed to avoid the media who were waiting outside court to get his reaction to the decision.

"We are relieved with the outcome and Mr Nel just wants to go back to work and carry out his duties at the DSO (Directorate of Special Operations)," his legal counsel Ian Small Smith said.

Police arrested Nel at his Pretoria home last Tuesday for alleged corruption and defeating the ends of justice.

Lack of evidence

Although the charges were withdrawn, they could be reinstated at some stage, but Small Smith said he doubted this would happen.

"They (the police) were widely criticised after the arrest, after (which) the senior prosecutor felt there wasn't a case, which means he should not have been arrested in the first instance, as there was not a case - so I will be very surprised if there is another arrest," he said.

He said should the police decide to recharge Nel, they could just ask him to hand himself over instead of arresting him again.

Small Smith believes that Nel should sue the State for wrongful arrest, but says this is for Nel to decide.

"You have to understand that because of his position, there are other role-players here as well...he is a responsible person and he will act responsibly," Small Smith said.

Outside court, National Prosecuting Authority spokesperson Tlali Tlali said: "In this particular case an investigation was carried out by the SAPS - as a result of a lack of evidence in this matter, no case has to be answered by Mr Gerhard Nel."

- SAPA