‘Prosecutors act in bad faith’

DESCRIBES HISTORY OF OPENING DOCKETS AGAINST POLICE The bias or perceived bias of a prosecutor does not affect the accused’s right to a fair trial – advocate Mlotshwa.

Forensic consultant Paul O’Sullivan and co-accused Melissa Naidu have until Wednesday to clarify their position on the prosecutor in their trial, Advocate Jabulani Mlotshwa.

They are standing trial in the Randburg Magistrate’s Court on charges of extortion, intimidation and racketeering. Both pleaded not guilty.

The charges relate to October 2013, when they interviewed complainant Cora van der Merwe, at her then-employer Ronald Bobroff and Partners’ offices and at O’Sullivan’s offices. Attorneys Ronald Bobroff and son Darren ran a personal injury practice.

Bobroff appointed O’Sullivan to determine who leaked information. He and Naidu, his then-assistant, confronted Van der Merwe with evidence that she leaked information to ex-Moneyweb journalist Tony Beamish.

A series of Beamish’s articles, based on her information, disclosed how Bobroff over-charged victims he represented in claims to the RAF. Both Bobroffs were scrapped from the roll of attorneys and fled to Australia.

Van der Merwe earlier testified O’Sullivan intimidated her, saying she’d go to jail and wouldn’t see her children again. She said she was taken to his offices against her will.

O’Sullivan contradicted this, saying she admitted to the allegations against her and they went to his office to reduce her admissions to writing.

He then accused the State of conducting the prosecution in bad faith, trying (and failing) to submit to court a letter by his attorney in February 2016 to ex-acting police chief Khomotso Phahlane, on why he believes the prosecution acted in bad faith.

O’Sullivan testified about events in the letter: opening dockets against police and NPA members and being the complainant in the case that led to ex-police commissioner Jackie Selebi’s downfall.

He testified that these two organisations are now conspiring against him and prosecuting him on trumped-up charges.

The trial is the result of a prosecutor-led investigation and Mlotshwa is the prosecutor in all the cases against him, he testified.