Mrwebi denies halting Mdluli case
2013-01-22 17:15
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Johannesburg - The NPA's director of prosecutions
Lawrence Mrwebi denied on Tuesday that he had unilaterally stopped the
prosecution of former crime intelligence boss Richard Mdluli.
He was speaking at his colleague Glynnis Breytenbach's
disciplinary hearing in Pretoria, during cross-examination by her lawyer Wim
Trengove SC.
Mrwebi was asked about his testimony at a meeting on 5 December
2011, when he met the director of public
prosecutions for North Gauteng, Sibongile Mzinyathi.
When Mrwebi said he believed it was a consultation on
whether the case file was problematic and if the investigation should be
stopped, the hearing digressed into debate on whether consultation also meant a
decision and whether agreement had been reached.
Mrwebi said he believed there had been "50/50
agreement" with Mzinyathi.
"We agreed on the problems, not on stopping the
prosecution," he said.
Trengove then put it to Mrwebi that he
"unilaterally" stopped the prosecution of Mdluli without agreement.
"In respect of certain issues," said Mrwebi.
"Which means your decision was unilateral, wasn't
it?" asked Trengove.
"I do not believe so," said Mrwebi.
Trengove said Mrwebi had required "substantial
agreement" to stop the prosecution, and that Mzinyathi had not agreed that
it be stopped.
Mrwebi responded: "No. There was no express
agreement. His view was that the prosecution should go on."
He rejected Trengove's submission that the decision to
withdraw the charges was unlawful.
"I do not think it is."
Earlier, the hearing was told that Mrwebi had said the
case against Mdluli belonged with the inspector general of intelligence, but
that he had not consulted the police or the inspector general.
"I did not think it was necessary, because I was
looking into the matter independently," he said.
Trengove submitted this was "to protect General
Mdluli", but Mrwebi countered with: "That's nonsense. That's
nonsense."
There was also cross questioning on a discrepancy between
a date on a memorandum stating that the prosecution would be stopped.
Mrwebi said the meeting with Mzinyathi was on 5 December 2011.
The memorandum was also completed on this date.
However, he inadvertently left the date 4 December on the
memorandum, while using an old template.
- SAPA
