Court slams Hawks probe in to threats

Angry magistrate dismisses charges

SENIOR Eastern Cape Hawks officials who investigated an intimidation case involving one of their own, were lambasted by East London Regional Court magistrate Dan Ngoqo for bungling the case, resulting in the accused being set free yesterday.

Ngoqo accused the Hawks of “halfheartedly investigating” the case against Sithembele April, 41, of Mdantsane, accused of sending threatening text messages to Hawks provincial spokeswoman Captain Anelisa Feni in September.

Charges against April were yesterday withdrawn by Ngoqo, who said the state failed to prove their case beyond reasonable doubt.

Handing down judgment, Ngoqo said the case had “in fact left too many questions unanswered” and that those who investigated the case “gave me a sense that they did not want to investigate the matter”.

“It is sad and disturbing that a case which involves a high-ranking Hawks officer, investigated by a specialised unit, was dealt with in such an unprofessional manner,” said Ngoqo.

Top Hawks investigator Captain Luphumlo Lwana was the investigating officer in the matter and had taken over the case from another Hawks officer, Captain Nangamso Ndawula.

During the trial, Lwana, one of the three state witnesses in the matter, was contradicted by fellow Hawks officer Colonel Siphiwo Ripa, as they had given different cellphone numbers to the one that from which the threatening messages were sent to Feni.

Feni and Lwana had told the court that the number from which the messages were sent started with an 060 prefix. Ripa said it was an 065 number. April was arrested in November, just two months after he had allegedly sent threatening text messages to Feni, ordering her to resign from the Hawks within two days of the message being sent on September 16, or face the threat of being killed.

He was arrested in Mdantsane after Hawks investigators had called a cellphone number from which the threat had been made. The phone had rung while in April’s friend’s pocket – and which April later conceded was his.

However, Ngoqo was agitated that the friend was never arrested nor a statement taken from him.

Ngoqo said the friend could have been used as witness in the case.

Ngoqo was also not pleased that statements from the Hawks officers who arrested April on November 17, were never taken and such officers did not even testify in court.

“The cellphone and the SIM card used in sending Feni such messages was never recovered, but the state depended on an alleged confession by the accused who had allegedly told Captain Lwana that he was behind such threats and that he was prepared to hand over the phone and the SIM, but that never happened.

“All we have in court is an inadmissible confession to Captain Lwana.”

Ngoqo dismissed both the intimidation and the escaping from custody charges against April.

Feni refused to comment on the judgment. . —