Cop must prove innocence
2003-06-24 17:35
Johannesburg - The former head of the Johannesburg police unit investigating the notorious 419 scam would have to prove he was innocent of the corruption allegations he faced, a Johannesburg Regional Court magistrate ruled on Tuesday.
Superintendent Johnny Smith's attempt to have the corruption charges he faced dismissed at the close of the State's case on Tuesday was unsuccessful.
Smith, 44, is expected to testify when the trial resumes on September 19.
On Tuesday defence counsel Desmond Brown submitted Smith was the victim of a plot to ruin his chances of promotion to senior superintendent.
Brown said it was suspicious that the three officers who testified against Smith, had all applied for a senior position in the police service at the same time Smith had done so.
Cross-examined by Brown the three - Senior Superintendent Daniel Johannes Kriel, Superintendent Tobias Marais and Superintendent Johan Hyman - denied there were any sinister implications.
The defence claims the corruption allegations involving R5 000 and relating to a 1998 case were resuscitated in an attempt to ruin his chances of being appointed to the post.
They led to Smith's arrest and release on bail during August last year.
When the trial started in April Smith denied he corruptly received R5 000 from one David Arthur Broad, 74.
Smith claims the money was paid by Broad's daughter and a friend in remuneration for a private investigator hired to collect documentary evidence regarding a complaint Broad had made.
He also claimed while he was approached in his private capacity, he opened a police docket, which showed he had nothing to hide.
In evidence on Tuesday Broad's wife, Gloria Broad, told the court she was present when Smith requested and later received R5000 for travelling and accommodation expenses.
Smith and the three other police officers were all stationed in the commercial crime unit at the time they applied for the promotion.
- SAPA