Investigator Paul O’Sullivan opens criminal case against Arthur Fraser over Zuma parole

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Arthur Fraser Foto: Jaco Marais
Arthur Fraser Foto: Jaco Marais
  • Paul O’Sullivan has laid criminal charges against former spy boss Arthur Fraser for defeating the ends of justice relating to the parole of Jacob Zuma.
  • This comes as the Supreme Court of Appeal ruled that Fraser’s decision to release Zuma on medical parole was unconstitutional and unlawful.
  • O’Sullivan said Fraser’s unlawful conduct in releasing the former president made a mockery of the rule of law.

Forensic investigator Paul O’Sullivan has laid criminal charges of defeating the ends of justice against former spy boss Arthur Fraser for having a hand in releasing former president Jacob Zuma on medical parole.

This was revealed in a supplemental sworn statement to the docket O’Sullivan opened against Fraser at the Rosebank Police Station on 18 November.

The statement by O’Sullivan comes after the Supreme Court of Appeal (SCA) ruled that Fraser’s decision to release Zuma on medical parole was unconstitutional and unlawful.

The court found that Fraser had no legal power to override the Medical Parole Advisory Board (MPAB) and release Zuma.

READ | Jacob Zuma must go back to jail and prison bosses must ‘lawfully’ decide on his release - appeal court

News24 previously reported that the SCA’s unanimous judgment, which Judge Tati Makgoka wrote, made it clear that the invalidation of Fraser’s decision to grant Zuma medical parole meant that he “has not finished serving his sentence” for contempt of the Constitutional Court.

Zuma had served just under two months of his 15-month sentence for contempt of the apex court when Fraser unlawfully granted him medical parole.

O’Sullivan said in his supplemental affidavit:

There can be no doubt in anyone’s mind in the reading of the SCA judgment that the commissioner of correctional services at all material times, namely Fraser, acted unlawfully in releasing Zuma, who had barely even spent a week in prison, having spent most of his time at a private clinic in Pretoria.

O’Sullivan said Fraser’s unlawful conduct in releasing Zuma on medical parole made a mockery of the rule of law.

O’Sullivan requested the State to investigate and prosecute Fraser for defeating the ends of justice for his decision to override the MPAB and release Zuma.

"It may well be that a case of corruption has to also be investigated against Fraser and Zuma as it may be found that Fraser 'owed' some or other 'duty' to Zuma, as a result of prior 'gratification' received by Fraser from Zuma, for example, the senior position/s he held and his access to state funds," he said in his affidavit.

ALSO READ | SCA slams Fraser for 'irrational', 'unconstitutional' decision to grant Zuma medical parole

In a letter from the National Prosecuting Authority addressed to O'Sullivan, they confirmed the receipt of his sworn affidavit.

"Kindly be advised that this office has provided Adv Andrew Chauke, the Director of Public Prosecutions, Gauteng Local Division with a copy of your e-mail for his notice as the alleged offence occurred in his area of jurisdiction."

Fraser did not respond to attempts for comment. 

Police were also approached for comment. Their comments will be added once received.



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