News24

Criminal charges laid against Breytenbach

2012-07-24 19:18

Johannesburg - The National Prosecuting Authority has laid criminal charges against senior prosecutor Glynnis Breytenbach related to information that was allegedly deleted from her laptop.

This surprise revelation by Hercules Wasserman, a senior manager at the NPA's integrity management unit, was made during Breytenbachs disciplinary hearing on Tuesday.

Wasserman confirmed that an investigator had laid a charge in terms of the National Prosecuting Authorty Act against Breytenbach at the Pretoria Central police station.

The NPA Act provides for a criminal sanction in cases where there is unauthorised access to or modification of NPA computer material.

Wasserman said that the investigation team had "forensic evidence" that information had been destroyed by the installation of forensic software on the laptop.

Wasserman called it "a deliberate attempt to hamper the investigation", which was illegal.

His testimony today focused mainly on Breytenbach's alleged refusal to hand over her NPA laptop before details of a complaint about her conduct in the Kumba-Sishen Iron Ore and Imperial Crown Trading mining rights dispute were given to her.

Breytenbach also wanted the NPA to only have access to official information on her laptop.

Earlier he had also testified that all information on an NPA laptop belonged to the NPA, although private information was permitted.

Wasserman testified that the NPA received a letter from Breytenbach's attorney in February which stated that she would delete all the information from her laptop and then return it to the NPA if they refused to respect private information.

He said the criminal complaint, which was still under investigation, was made in the weeks following this letter.

Wasserman also testified that the investigation team obtained access to Breytenbach's NPA inbox through the server.

"It was clear that there was a lot of communication between Advocate Breytenbach and Advocate [Mike] Hellens," he said.

Mike Hellens is the senior counsel who was acting for Kumba-Sishen in the mining rights dispute against ICT.

Breytenbach was investigating ICT for alleged fraud.

"What was of great concern for us was that certain affidavits were drafted by Advocate Hellens and then forwarded to Advocate Breytenbach [to be used in the investigation],” he said.

The disciplinary hearing is set to continue tomorrow.

Comments
  • sharon.erwin.96 - 2012-07-24 19:47

    Glynnis has saddled a wild horse! Allegations against cadres are always met head-on with counter allegations. It is by far their best form of defense - to discredit the person making waves. Ask Thuli Madonsela, it happened to her too.

      boer.afrikaner - 2012-07-25 00:30

      They the ROTTON ANC are trying to make an example of someone just because they EFFED UP SO MANY TIMES in the past. What these CROOKS are doing is trying to show the dum masses how stricked they are. In the meantime the dum masses will swallow this pil. Hopefully Breytenbach will also be released to a Hospital when she has the flu which I totally see not to happen cause she's WHITE.

      nrgx.nrg - 2012-07-25 08:54

      Glynnis is not a stupid woman, I think the information she allegedly "deleted" was in fact copied and she is biding her time, letting the NPA play their silly un-intellectual games, then, BAM! evidence surfaces that shows the entire NPA as corrupt...as we all know they are!

  • Stlouis Heidtmann - 2012-07-24 19:48

    looking for there rug to sweep this under part of gov so rotten it must be fight them auntie fight them

      atholl.canterbury - 2012-07-25 00:05

      This is looking more like a re-run of the Vusi Pikoli obstacle-to-effective-justice-hit. Hercules Wasserman is certainly a 'useful witness' just like Adv Simelane was a 'useful witness' in the Pikoli inquiry. 'Useful witnesses' always make a mistake - a cross-examination cud be interesting.

  • gotterdammerung.sa - 2012-07-24 19:49

    The more I read about this deletion of data the more suspicious I become. Installation of forensic software? Somethings is rotten in the state of Denmark

  • bongani.nsele.58 - 2012-07-24 19:50

    they got her nickers.. clearly she was busy on her own mission

      press.enter.12 - 2012-07-24 20:07

      They needed her nickers - they dropped something smelly in theirs . . .

  • gerhardus.windpomp - 2012-07-24 20:04

    Where can I get Forensic software? PirateBay?

  • Lennon Chenga - 2012-07-24 20:08

    Lol!!! Some people are going red with anger defending these actions, it's actually hilarious!!! Lol!! The truth is coming out slowly!!! Funny thought she said it was about Mdluli and yet the info that is missing is what she was actually suspended for!!! Ahhh Suka, you are an agent wena!!!! Lol

      yar.wellnofine - 2012-07-24 20:41

      @Lennon I note you are from Zim, where corrupt practices are commonplace. In South Africa we still have freedom of speech, press and information. This is clearly a Zimbo-style dirty trick. Zuma's interference with NPA appointments and fiddling with the system could still come unstuck. In the mean time, since you have ruined your own country, keep your nose and opinions out of South African affairs. Viva Glynis, Viva.

      yar.wellnofine - 2012-07-24 21:21

      @Lennon I am South African, are you? I live here. This is my country. Your name and residency are on your facebook page. PS: It's rude to call someone an idiot.

      Lennon Chenga - 2012-07-24 21:27

      I'm South African yar. Went to junior and high school in Zimbabwe, came back to SA for Varsity, went to the States for post grad, worked in Zambia, worked in Zimbabwe, worked in SA. Want to know anything else about me?? Atleast I go by my real names!!!

      Lennon Chenga - 2012-07-24 21:34

      Since you have all the time to be going on my Facebook page, what is my first language and when was my info last updated? Want to put me on trial as well? Lmfao!!

      yar.wellnofine - 2012-07-24 21:37

      @Lennon I would like to know 2 things: 1 Do you thinkthat the cadres involved in the ICT/Kumba battle are uninvolved? 2 Do you think that the NPA is not protecting Mdluli?

      yar.wellnofine - 2012-07-24 21:47

      Gee thanks Lennon. Wasn't actually planning to put you on trial. Why, what have you stolen lately?

      Lennon Chenga - 2012-07-24 21:47

      Affirmative yar. I also believe that this lady is not as clean as thought she was, which is what my comment was about. She should have copied any files to strengthen her case not erase them!! She now has affidavits between her and the parties that she is investigating!! That is my problem with her, I supported her until this came up and that is what I've commented on!

      gail.hayesbean - 2012-07-25 09:12

      Hi Lennon. I am just wondering where in the article it tells you that the info that is missing is what she was actually suspended for. Guess I must go back and re-read. Sigh! I understood that she has some kind of software which detected that people were looking at her private mail (phishing) maybe to get a jump on her accusations so they could cover their tracks and so she told them she knew what they were up to and that she had removed the info they wanted until they stopped threatening her. We live in a democracy and anyone is entitled to their opinion by the way yar so let's stop with the don't comment posts. Freedom of speech is not limited to SA citizens only on here. You may not like what Lennon has said but he has a right to say it just as Breytenbach had a right to defend herself by taking steps which may or may not be incriminating to her or to NPA.

      Lennon Chenga - 2012-07-25 09:58

      Hi Gail, correct me if I'm wrong but she was suspended because of a complaint regarding how she was handling the kumba-sishein/ICT case. When they ran a scan there was 'clearly' a lot of communication between her and the advocate for kumba that had been erased. That is what this report we are commenting on has revealed. Please correct me if I'm wrong.

      Lennon Chenga - 2012-07-25 10:08

      @Gail after retrieving info from the server- "It was clear that there was a lot of communication between Advocate Breytenbach and Advocate [Mike] Hellens," he said. Mike Hellens is the senior counsel who was acting for Kumba-Sishen in the mining rights dispute against ICT. Breytenbach was investigating ICT for alleged fraud. "What was of great concern for us was that certain affidavits were drafted by Advocate Hellens and then forwarded to Advocate Breytenbach [to be used in the investigation],” he said. This is what I commented on. Unless I didn't understand.

      Lennon Chenga - 2012-07-25 10:13

      @Gail, she didn't detect anything, NPA got it from their server at NPA. You can erase info but when you run a scan using certain software, you can pick up 'headings' of the erased information, at times you can recover it but not all the time.

      Lennon Chenga - 2012-07-25 10:14

      I hope we are on the same page.

      simon.butelezi - 2012-07-25 10:39

      wow now everyone is quite. Nice one Lennon..... you sure do know how to shut ém up

  • Malose-Nyatlo - 2012-07-24 20:17

    I want to believe Hercules Wasserman is a professioanal who knows the rules of engagement, not an ANC cadre as some little ones here would like to mislead us.\r\nAllow the case to unfold - we might as well get further disappointments.

  • farmfreund - 2012-07-24 20:41

    This woman knows somthing and it will come out, Anc trying Putin style here

  • richard.hipkin - 2012-07-25 10:41

    The Cato Manor cops know all too well how the NPA are influenced by the ANC... and how charges are trumped up and created out of thin air..

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