Police finger NPA over Nel

2008-01-16 09:09

Johannesburg - The police have accused the National Prosecuting Authority of trying to obstruct the probe into Gauteng Scorpions head Gerrie Nel.

This, just a day after the Pretoria Regional Court withdrew charges of corruption and defeating the ends of justice against him.

The probe into Nel was continuing, Superintendent Lungelo Dlamini said in a statement on Tuesday.

Although the police respected the court's decision, it was "not surprised" at the outcome.

He said the police presented Acting National Director of Public Prosecutions Mokotedi Mpshe with an application to outsource the prosecution on January 9, said Dlamini.

'Evidence'

"This application was motivated by evidence that suggests an intent to obstruct the investigation and prosecution by senior members of the NPA," he said.

"The evidence was presented to Advocate Mpshe on the same day."

The police believed Mpshe would "in the interest of justice" approve its application, Dlamini said.

On Monday, prosecutor Matric Lupondo told the Pretoria Regional Court the charges against Nel were being withdrawn "after careful consideration of the evidence in the docket".

Nel's counsel Ian Small Smith expressed his client's relief at the outcome and desire to go back to work and carry out his duties at the Scorpions.

Doubtful at the possibility of the reinstatement of the charges, he said the police had been widely criticised after Nel's arrest at his Pretoria home last Tuesday and the senior prosecutor had felt there was no case.

ICD

The Democratic Alliance asked the Independent Complaints Directorate to investigate Nel's arrest, while the South African Communist Party said the withdrawal of charges were the latest in a string of disturbing developments in the criminal justice system.

The Freedom Front Plus said the case was proof that Police Commissioner Jackie Selebi had used the police for a witch-hunt and intimidation of the National Prosecuting Authority.

- SAPA