O'Sullivan prosecutor refuses to let case go ahead

2016-09-29 14:39
Paul O'Sullivan (Netwerk24)

Paul O'Sullivan (Netwerk24)

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Johannesburg - The prosecutor overseeing the criminal cases against forensic investigator Paul O’Sullivan flatly refused on Thursday to act in any of the cases involving the investigator until a high court application launched by O’Sullivan this week was finalised.

A furious Jabulani Mlotshwa refused to allow a case to go ahead today when O’Sullivan appeared in the Kempton Park Magistrate’s Court on charges of contravening Section 26B of the Citizenship Act for leaving the country on his Irish passport. 

Advocate Barry Roux, appearing on behalf of O’Sullivan, had placed an application two months ago before the court asking that the 26B case against the investigator be dismissed. The case was postponed until Thursday for Mlotshwa to answer Roux’s application. 

However, Mlotshwa told the court that he was finalising his arguments this week when he was served with the papers informing him of the High Court application. 

The application asked that the High Court in Pretoria grant an interdict stopping the Priority Crimes Litigation Unit (PCLU), as well as certain Hawk’s members from investigating or supervising any of a number of criminal cases against him. 

- Read more here: O'Sullivan asks court to interdict Hawks

Mlotshwa is part of the unit and he was also named as one on nine respondents in the application which included the National Director of Public Prosecutions, the ministers of justice and correctional services, and police, acting police commissioner Lieutenant-General Khomotso Phahlane, Head of the Hawks Lieutenant-General Berning Ntlemeza, Head of the Hawks in Gauteng Major General Prince Mokotedi, advocate Sello Maema and Warrant Officer Kobus Vlok.

In the application, O’Sullivan indicated that he believed he was being investigated for “politically motivated” reasons. 

Mlotshwa said the papers say that he has been interdicted from conducting any prosecution against the accused (O’Sullivan), save for an OR Tambo case. The case was referring to the citizenship case, but O’Sullivan referred to it under the wrong case number. Roux said this was just a typo, but Mlotshwa said he would not accept this and that the applicants must file the papers again indicating the correction. 

“The allegations made in this thick document are serious, damning and very, shall I say, slandering,” said Mlotshwa. “As a result of this application which landed on my desk I had to stop working on everything regarding the accused. My profession is at stake and I am not taking it lightly.”

Not yet order of the court

Roux indicated that the application was exactly that and was not yet an order of the court. He also said they did not want the case to have a long postponement because O’Sullivan needed to travel and would need to put an application before the court allowing his bail conditions to be temporarily relaxed in order for him to leave the country. 

Mlotshwa said he would not oversee the application, or any other case involving O’Sullivan until the High Court heard O’Sullivan’s interdict application on November 15.  He also would not promise that he would find another prosecutor to oversee the bail condition application. 

“This accused wants to choose in which case I prosecute him and which I don’t. Isn’t that nice? Isn’t it nice to be Mr O’Sullivan,” a fuming Mlotshwa said. 

Magistrate Wynand Nel granted the postponement until October 20 in order for the bail application to go ahead. He asked Mlotshwa to find another prosecutor who would oversee this.  

Read more on:    hawks  |  barry roux  |  paul o'sullivan  |  court

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