Former top cop Phahlane off hook
CASE WITHDRAWN: NO MORE POSTPONEMENTS
Prosecution and arrest of accused was a roadshow for the media – defence.
Former acting police commissioner Lieutenant-General Khomotso Phahlane is no longer facing fraud and corruption charges. The state withdrew its case yesterday when its application to postpone the trial was rejected.
Phahlane, his wife Brigadier Beauty Phahlane and co-accused Durand Snyman cheerfully walked out of the Pretoria Specialised Commercial Crimes Court after the state failed to convince Magistrate Nicca Setshogoe for a three-month postponement for further investigations.
“The state mentioned that there may be further arrests to be made. That in itself indicates to the court that the matter would be drawn back, where we might have to deal with bail applications and other legal representatives. That brings an uncertainty, and supports that the state is not ready.
“Prejudice would be suffered if there is uncertainty on when the investigations will be finalised. I dismiss the application for the postponement. At this stage, the state should withdraw the matter. When investigations are done and completed, you can bring the accused back,” said Setshogoe.
Phahlane, his wife and Snyman were facing six counts of corruption. The couple are alleged to have received kickbacks from businessperson Snyman in the form of cars in return for lucrative business with the SA Police Service.
When the trio made their second court appearance in March, the state requested a delay to yesterday to set a trial date.
But earlier yesterday, state prosecutor Dries van Rensburg requested a further three-month postponement, saying investigations against the three have “expanded” naturally as three draft forensic reports were probing the link between the vehicles and contracted companies that did business with the police.
According to the Independent Police Investigative Directorate (Ipid), a forensic company which supplied the SA Police Service with forensic supplies, paid Snyman’s dealership to facilitate kickbacks to Phahlane and his wife in the form of vehicles.
Van Rensburg argued: “The reports are of importance. Investigations into this matter have expanded and it means the state is not in the position to finalise the charge sheet as further charges might be added and more suspects could be arrested.
“This matter is serious, complicated and high-profile and deserves proper prosecution. To withdraw the matter will be prejudicial to the state.”
But Phahlane’s defence argued that the delay would create financial prejudice to the three accused.
“The prosecution and arrest of Phahlane was a roadshow for the media,” said defence attorney Piet Du Plessis. “Why was it necessary to bring a premature case before the court? Why should they be kept in court? There is no reason to drag this any further.” –