Suspended KZN Hawks head in new court bid

2016-08-18 18:39
Johan Booysen (File, News24)

Johan Booysen (File, News24)

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Durban - Suspended KwaZulu-Natal Hawks head Johan Booysen says that National Director of Public Prosecutions Shaun Abrahams was either lied to or was negligent in his latest decision to charge him and others with racketeering.

Booysen also wants those who played a role in authorising racketeering charges, namely Abrahams and advocates Sello Maema and Moipone Noko, to be compelled to pay the costs of his latest application filed at the Durban High Court this week.

Booysen has already had racketeering charges against him set aside in 2014, and the members of the unit had embarked on a similar application when a newly appointed Abrahams authorised fresh racketeering certificates in February.  

Now Booysen, who was removed from office in what he calls a contrived attempt to halt his investigation of police corruption and a politically connected businessman, has set his sights on the three.

Noko is the KZN Director of Public Prosecutions and Maema is the lead state advocate in the case against them.

The three will have an opportunity to file responding papers.

In his supplementary affidavit, seen by News24, he accused Noko and Maema of manipulating facts and making material omissions in abusing their power to have the unit charged with racketeering, and Abrahams of being  "complicit in that abuse, either by negligence or intent".   

'No evidence'

Booysen highlights what he describes as "misrepresentations, exaggerations, omissions and outright lies" in a prosecution memorandum prepared by Maema.

The veteran cop also picks apart a PowerPoint presentation prepared by Noko: "Noko's presentation contains more fiction than fact, more speculation than evidence, and misleads far more than it informs".

Abrahams is understood to have relied on both when authorising the new racketeering certificates.

"When the falsehoods and misrepresentations are stripped away, there is no evidence of any pattern of planned criminal activity by any of the applicants," Booysen writes.

"It is also telling that Advocate Abrahams has not included his own reasons for granting the authorisations, despite being invited to do so in our notice of motion. We are left to assume that the reasons appear in one or more of the documents included in the record.

"Yet, as I have explained above, the prosecution memorandum and the PowerPoint presentation are incomplete, inaccurate, and mutually contradictory. Whatever reasons ultimately motivated Advocate Abrahams to grant the authorisations; those reasons do not emerge from the record. The only conclusion is that the decision was not based on reason at all," he submitted.

Booysen questioned the timing of the fresh racketeering charges in a timeline he included in his papers.

The policemen, who have been suspended for several years while the case against them drags on, have asked the court to set aside racketeering charges on the basis that they are irrational and are inconsistent with the Constitution.

Read more on:    npa  |  hawks  |  durban  |  johan booysen

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