Suspended IPID investigator intervenes in 'Captain KGB' application, court hears

2018-06-20 22:04
Morris “Captain KGB” Tshabalala as he leaves the Commercial Crimes Court in Tshwane. (File, Alex Mitchley, News24)

Morris “Captain KGB” Tshabalala as he leaves the Commercial Crimes Court in Tshwane. (File, Alex Mitchley, News24)

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Despite being suspended, an Independent Police Investigative Directorate (IPID) investigator who was the investigating officer in the case against Crime Intelligence officer Morris "Captain KGB" Tshabalala, has made contact with Tshabalala's defence, saying that he should be released.

This is what the Specialised Commercial Crimes Court in Pretoria heard on Wednesday during Tshabalala's second attempt at being released on bail. He was denied bail in January.

Tshabalala's advocate, Annelene van den Heever told the court that the investigating officer, Cedric Nkabinde, contacted Tshabalala's attorney Mpesi Makhanya, on Wednesday morning.

"He received a call from Mr Nkabinde informing him that he knows of the bail application on new facts, which I intend to bring today, and that I should be released on bail. He also indicated that to my attorney, that he wished to be called on this matter," Van den Heever told the court, reading from Tshabalala's affidavit.

Nkabinde, who also investigated the fraud and corruption case against former acting national police commissioner Khomotso Phahlane, has also been accused of changing his stance against Phahlane.

IPID spokesperson Moses Dlamini said that two of their investigators and a vetting officer were offered positions in the South African Police Service (SAPS) in return for being part of a conspiracy to undermine IPID investigations against Phahlane and for making false statements against IPID boss, Robert McBride.

ALSO READ: 'Hit squad' still after IPID, says McBride

The investigators were allegedly offered positions as brigadiers in Crime Intelligence and detectives in the SAPS.

"IPID has since obtained more evidence which confirms the attempts to corrupt IPID investigators by offering them inducements in return for them implicating McBride in unethical conduct," said Dlamini in a statement.

Dlamini further said that Nkabinde, had written to Minister of Police Bheki Cele, making allegations of unethical conduct against McBride.

"It seems that the allegations are made out of spite and malice – they are contradicted by the evidence at the IPID's disposal, some of it gathered by Nkabinde himself."

"For instance, Nkabinde recommended that Phahlane and his goons, led by Major General Mabula, be prosecuted for defeating the ends of justice – now that he has been removed from the task team, he then turns around and says the IPID's investigation against Phahlane was led by [forensic investigator Paul] O'Sullivan."

McBride also responded, saying that "Nkabinde's allegations are made to boost his chances of being accepted by the SAPS, some of whom are under investigation by the IPID".

"We have received information that our investigators were allegedly paid money to make false allegations against IPID investigators who are investigating Phahlane. IPID will not be deterred from pursuing its investigations”."

"This latest move by Nkabinde and his SAPS pals is clearly calculated to torpedo the case against Phahlane."

When contacted for comment on the allegations, Nkabinde referred News24 to Dlamini.

Dlamini, at the time, responded by saying that the directorate had been aware of the matter since January but did not have "incontrovertible proof until recently".

Nkabinde was suspended and removed from the directorate's task team in May.

In the statement, which was released in May, Dlamini also said that IPID had been informed that the Hawks were investigating a case of fraud against Nkabinde, which involved a fraudulent insurance claim.

In his bail application on new facts, Tshabalala maintained that he did not evade a prison sentence after his appeal against an armed robbery conviction was dismissed in 1994.

He said there was no proof that a warrant of arrest had ever been issued for him to present himself to SAPS.

He further submitted that he would have not applied to SAPS, or even for a firearm licence, if he knew his appeal was not successful.

Tshabalala, who has been charged with fraud, theft and corruption relating to the submission of alleged fraudulent invoices to the tune of R563 005 for blinds and curtains for safe houses in Pretoria, also claimed that he did pay the money to the distributor.

Prosecutor Chris Smith was granted a postponement to prepare his arguments in opposition to the new bail application, after Magistrate Nicola Setshoege agreed with the State that he was not given sufficient time.

The new application was only handed to him at 14:00 on Wednesday.

The application has been postponed to July 17.

Read more on:    saps  |  ipid  |  khomotso phahlane  |  morris tshabalala
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