An ex-spy, drugs and a briefcase full of cash
NPA probing claim R700 000 was paid to make prosecution go away
THE National Prosecuting Authority (NPA) is investigating allegations that a briefcase containing R700 000 was dropped off in Port Elizabeth to stop a drug prosecution in its tracks. Implicated in the alleged bribery is a former Cuban spy linked to Czech mob boss Radovan Krejcir.
Organised Crime specialist prosecutor Advocate Selvan Gounden confirmed earlier this week that an internal investigation had been launched into claims that a member of the state prosecution team was paid R700 000 to ensure that a R418-million drug case did not proceed.
The probe was launched by the NPA through its integrity management unit last month after a Herald reporter started asking questions about the allegations.
The Hawks have refused to be drawn on the matter, saying they will not comment on an ongoing investigation.
At the centre of the allegations is former Cuban spy Nelson Yester-Garrido, who was released on R600 000 bail by the Motherwell Magistrate’s Court in October 2011 after his arrest.
Yester-Garrido has had two criminal cases in Port Elizabeth withdrawn by the state.
His name surfaced in the drug-trade network trial of Krejcir, former national police boss Jackie Selebi and convicted drug dealer Glenn Agliotti.
During the Krejcir trial, key state witness Pierre Theron, a member of Krejcir’s inner circle, submitted an explosive affidavit claiming bribery and corruption linked to the Yester-Garrido cocaine case. Theron is now in witness protection. In his statement, Theron claimed that during one of his driving jobs for Krejcir in February 2013, he was given a white BMW 320d to drive from Johannesburg to Port Elizabeth to bring a briefcase full of money to the state team that was to prosecute Yester-Garrido. The case against Yester-Garrido, which involved 166kg of cocaine, was withdrawn later under what Theron called “sinister circumstances”. Gounden said there were a host of reasons for the withdrawal of the charges. One was that three different Organised Crime investigators had dealt with the case since the 2010 bust. Gouden said the detective first assigned the case had, in 2013, been booked off sick, with his sick leave extended for three years. It is unclear whether the detective is still on sick leave or if he has been medically boarded. The case eventually changed hands, but the new detective resigned about a year after taking over the case. A third detective, who had not been involved in the earlier proceedings, inherited the case years later. Gounden said another issue was the language barrier, with the documents and transcripts having to be translated into Portuguese, causing lengthy delays in the case. As a result, the case was provisionally withdrawn in January 2013. Gounden commended the police for their efforts in the case, but said there was just not sufficient evidence to proceed. Asked about allegations of corruption, he said it was highly unlikely that anyone in the case had taken any form of bribe. “There were several issues and I do not think it is fair to blame one person for the case being withdrawn. “It was a simple matter of obtaining evidence and there was just not enough to ensure prose-
cution,” he said. “The investigators went to great lengths to gather information and even asked their commanders for additional resources to investigate a major drug cartel.”
Asked about an investigation into bribery allegations, Gounden said it was up to the police to investigate.
Asked where the dockets were, he said they had been sent back to the police stations where they were opened as the cases were now closed.
He did say, however, that after the bribery allegations came to light, he had referred the matter to the integrity management unit to investigate.
“We need to know if these allegations are true and, if so, what exactly happened,” he said.
An illegal firearm charge, which came about after Yester-Garrido’s arrest on the drug charges, was also dropped due to lack of evidence.
When he was arrested in 2011 at his home in Hyde Park, Johannesburg, a Desert Eagle pistol, licensed to businessman Chris Couremetis, known as “Mr Cocaine”, was found.
Couremetis was gunned down as he climbed into his Porsche Cayenne after a wedding in October 2010 – only two months after the drug shipment was seized.
Hawks spokesman Brigadier Hangwani Mulaudzi declined to answer several questions about the case or say if an investigation was under way.
“The case is in court and why must we comment on a matter that is still being argued in court?” he said.
“The DPCI does not comment on ongoing investigations.”
Theron also claimed Krejcir had police officers, politicians, prosecutors and other criminals on his payroll.