State opposes Mdluli bail

2011-04-11 12:25

The State said it opposed bail for crime intelligence boss Richard Mdluli because he allegedly intimidated a witness, stolen dockets were found in his locker, and the classified Ntemeleza report he filed was unfounded, the Boksburg Magistrate’s Court heard today.

State prosecutor Kholeka Gcaleka said Mdluli was alleged to have intimidated someone related to the murder of Oupa Ramogibe 12 years ago.
Mdluli denied this and denied claims he had written a letter to stop himself from being arrested.

“If I was able to intimidate or harm someone I think I would have already had enough time.

“If I was that bad bad bad (sic) animal, I would have sent people to kill this one and that one. If I was a criminal, I would never have been promoted,” he told the court.

“There is no reason why there would be a fear that I would intimidate witnesses.”

He said he had no knowledge of two stolen dockets found in a locker in his office in 1999.

“I really don’t know. It is absurd because I have never been interviewed by anyone about those dockets.”

Mdluli had implied earlier that the charges against him were fabricated as a result of a conspiracy against him by two senior police officials who tried to derail his promotion.

Today, however, he refused to comment on whether he believed the charges were trumped up.

“I will answer that only at the trial,” he said.

On questions relating to why certain parts of the classified Ntemeleza report were retracted, he said it contained information on political activities.

“Some of the paragraphs does not affect the bail application, it involves other political activities and I do not want to comment on politics.”

He submitted that he had a right to bail and promised not to intimidate witnesses or tamper with evidence.

“I will abide by any conditions of the court,” he said.

Mdluli and Lieutenant-Colonel Mtunzi-Omhle Mthembeni Mtunzi (52), court orderly Samuel Dlomo (49) and Colonel Nkosana Sebastian Ximba (38) stand accused of killing Ramogibe in 1999.

In an affidavit read out in court, Mtunzi denied involvement in the murder and said he intended pleading not guilty.

“At the time of Ramogibe’s death, I was not even in Johannesburg. I heard I was regarded as Mdluli’s man but this is far from the truth. We are not friends, just working colleagues.”

Mtunzi said he had no knowledge of who the witnesses were and would not interfere with them.

He said he was not a threat, and on his release would like to be put into protective custody.

Earlier, the National Prosecuting Authority had lodged an application on Mtunzi’s request that no photographs be taken of him as he was “an investigative concern”.

It was not clear if he had turned state witness and if there were threats made on his life.

Mtunzi told the court he had no intention of travelling outside the borders and had handed his passport over to investigators.

“I’m convinced there is no evidence against me.”

He submitted that he had exceptional circumstances which justified his release.

The case would resume after lunch.

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