Forged deeds raised in Breytenbach case

2013-01-15 20:47

Johannesburg - There were two versions of the forged title deed relating to Imperial Crown Trading's (ICT) application for prospecting rights, suspended NPA prosecutor Glynnis Breytenbach's disciplinary hearing was told on Tuesday.

"The forger used the Sishen copies to do his forgeries," her lawyer Wim Trengove submitted.

Tuesday's hearing was dominated by questioning on the paperwork that ICT was to have submitted for its prospecting licence, in competition with Sishen/Kumba.

Earlier, the hearing was told by ICT counsel Ronald Mendelow that ICT's application had been contaminated when forged title deeds were placed in their application.

Trengove said that on close scrutiny of copies of the title deeds collected during the investigation there were two versions of the forgeries. Differences included a date stamp cut off in the copying.

He said one copy of the forgery was left at the department of mineral resources.

A different one was forwarded by e-mail by the ICT's surveyor in Kimberley.

The surveyor had been asked to send the title deeds to a forensic investigator from law firm Edward Nathan Sonnenbergs, appointed by Kumba/Sishen after a dispute over prospecting rights arose between the two companies.

ICT was awarded a 21.7% stake in Kumba after Arcelor Mittal missed a deadline to convert the rights in 2010. This is being challenged.

Trengove also questioned the authenticity of ICT's process of certifying title deeds as true copies, and raised questions about the official who did the certifying.

Mendelow lodged a complaint against Breytenbach last year, saying she was focusing too heavily on ICT during the National Prosecuting Authority's investigation into the Kumba/Sishen dispute, and not enough on Kumba/Sishen.

"Now how is it Mr Mendelow that there are now two forgeries?" asked Trengove of Mendelow.

"I don't know," he replied.

Trengove suggested that the other forged copy of the title deed might be "the smoking gun", which Mendelow agreed with.

Trengove said the police wanted to take a mirror copy of the surveyor's computer. Initially the surveyor agreed and was friendly. But later, after speaking to Mendelow, he refused to have it done.

Forged signature

In Tuesday's submissions, Trengove said there were two separate complaints against Sishen/Kumba by ICT.

One was a "lodging complaint" in which Sishen allegedly fraudulently lodged their application for mining rights early on 30 April, but had it date stamped 1 May.

Another was when the ICT said it knew its application was deficient, but because a former department of mineral resources (DMR) official must have "surreptitiously slipped forged documents" into the application, to contaminate it.

National Prosecuting Authority prosecutor in the hearing, William Mokhari interjected and said all the hearing chair had to do was decide whether Breytenbach gave the complaints the requisite attention, or whether the complaint ought to have been given the requisite attention at all.

But Trengove pressed on, saying he wanted to show the ICT matter was worth Breytenbach's attention.

With Breytenbach sitting next to him, Trengove went through ICT's explanation to support its contention that its application seemed to have had been contaminated inside the DMR's offices, although he made it clear that this was just supposition.

Trengove questioned ICT's theory that a former DMR employee had arrived at the DMR offices on 18 June and asked to see the ICT application.

According to this theory an official, one Le Roux, left the office to ask another official, Engelbrecht, if this was allowed. When he returned, he found the former official "deep" in the ICT file, Trengove said.

Through questioning, Mendelow told the hearing the signature in the ICT application was forged, along with the title deeds in the application folder.

Mendelow suggested the substitution with the forgery at the office was to contaminate their application.

Going through a checklist of the documents required for mining applications, Trengove said ICT did not have 11 of the ones required.

Mendelow said the company would have been asked to get them later on.

Earlier in the hearing, Mendelow explained that officials allowed them to go and get some outstanding documentation.

Breytenbach was suspended as regional head of the NPA's specialised commercial crime unit on 30 April last year.

She has argued that acting National Director of Public Prosecutions Nomgcobo Jiba suspended her in an attempt to stop her from prosecuting former police crime intelligence boss Richard Mdluli on fraud and other charges.

Breytenbach has pleaded not guilty to 16 charges brought against her by the NPA.

The hearing continues.

  • jerry.medina.756 - 2013-01-15 22:27

    So this was not about Mdluli after all. Let's see how you justify the corrupt behavior of this woman.

      whowants.toknow.9404 - 2013-01-15 22:52

      Eish! The comprehension of English up to public school level I see........

      atholl.canterbury - 2013-01-15 23:13

      This is a mirror sequence of the Adv. Pikoli {unfit to hold public office} Inquiry. The inquiry was meant to conveniently tunnel any dirt that was fabricated and singed like a cow stamp on Adv. Pikoli. Instead, when the defence focus was directed more towards the periphery of the allegations, fresh allegations of {unfit officials] within the NPA... Very inconvenient .... for the 'holy'.

      piet.boerie - 2013-01-16 04:42

      They photo copied the deed that the other company lodged and tipexd out the applicant's name and still won the tender without any experience and some people are calling racism. Dumba$$ cadres

  • danie.smit.587 - 2013-01-16 04:39

    ITC, should have known that their dirty panties would be displayed to SA and the world, not long before the Zuma ANC dirty underpants , with the brown line are also sisplayed . With all their hired professionals moves to save a lost case.

  • piet.boerie - 2013-01-16 04:41

    Zuma family benefactors, the Gupta brothers and Duduzane Zuma, President Jacob Zuma’s son has nothing to do with the prosecution of the prosecutor. Once agian Zuma turns the state on the state even spying on the prosecutor and then charging the prosecutor in favour of his son and the Guptas. They photo copied the deed that the other company lodged and tipexd out the applicant's name and still won the tender and some people are calling racism, dam stup1d cadres and the Zuma fatboys. Here is the start of Zumas doing business with the ANC policy.

      piet.boerie - 2013-01-16 04:44

      We know they did it I just want to know who was responsible for the murder, oops sorry, unfortunate death of a governement official on the quite back roads of the Northern cape? I know how the cadre deals with any complications, murder, as seen with the number of ANC card carrying memebers murdered since liberation.

  • Johan5417 - 2013-01-16 07:25

    Why do I have the perception that Mendalow is the driving force behind this hearing? One's perception is that Mendalow is leaving no stone untouched to hide his client's possible criminal activities. If the hearing goes bad again is Mendalow going to have the prosecutor ask for another recusal? One wonders how ethical Mendalow's behaviour is this saga has been and whether the Law Society should not investigate it?

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