Breytenbach probe 'beyond mandate'
2012-07-25 20:17
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Pretoria - A probe into suspended NPA prosecutor Glynnis Breytenbach's conduct went far beyond its mandate in order to "rustle up" charges, her lawyer said on Wednesday.
"You trawled far and wide through her personal correspondence to rustle up other charges," Wim Trengove said at her disciplinary hearing in Pretoria.
He was cross-examining Hercules Wasserman, acting senior manager of the National Prosecuting Authority (NPA) integrity management unit.
Wasserman's unit was asked to investigate Breytenbach after a complaint by Mendelow Jacobs Attorneys on behalf of Imperial Crown Trading (ICT) in December last year.
This related to a dispute between ICT and Sishen/Kumba Iron Ore over mining rights, which Breytenbach investigated.
Wasserman earlier testified that his unit had accessed Breytenbach's e-mails on the NPA server.
Trengove asked Wasserman if his unit had done anything other than go through Breytenbach's e-mails to investigate ICT's complaint.
Wasserman admitted they had not.
Among the charges Breytenbach is facing, are those of gross insubordination and improper conduct for allegedly not handing over her work laptop to the NPA, and for having information on it deleted.
Wasserman told the hearing he had reassured Breytenbach that her personal information would be treated with sensitivity when she refused to hand over the laptop.
Trengove said this had not happened, and instead investigators had used personal information to draw up further charges.
This included using Breytenbach's application for car finance in 2009 to draw up a charge of performing work outside the NPA; she allegedly rented out a flat and ran a horse stabling business.
In her application for car finance, Breytenbach listed under "other income" that she earned R4 000 a month for renting out a flat and stabling a horse.
"You were meant to be investigating the Mendelow complaint... and this document has nothing whatsoever to do with it," Trengove said.
Wasserman conceded: "This did not have anything to do with the Mendelow complaint."
Personal
Earlier, Trengove said that Wasserman's testimony that evidence was deleted from Breytenbach's laptop was "reckless and misleading".
"It's a highly incriminating statement to make... it was reckless and misleading," Trengove said.
Wasserman told the hearing on Tuesday: "A forensic report... found that certain evidence was intentionally destroyed and deleted from the laptop." Trengove asked on Wednesday how Wasserman could have known that what was deleted was evidence.
Wasserman said 508 files were deleted, but the forensic report indicated these were not retrievable so it was not possible to know their content.
"You had no basis for your evidence that what was deleted was evidence," Trengove said.
He said Wasserman had not told the hearing that nothing had been deleted from the laptop before April 30 - the day Breytenbach was suspended.
A mirror copy of the hard drive was made in the presence of two NPA officials, before files "of a personal nature" were deleted.
The officials had declined an offer for a copy of the hard drive, Trengove said.
Wasserman said: "It wasn't brought to my attention."
Breytenbach has pleaded not guilty to 16 charges brought against her by the NPA at the hearing at its offices in Silverton.
The hearing continues.
- SAPA
