Cop ‘threatened to arrest’ top prosecutor

CONTROVERSIAL Hawks captain Luphumlo Lwana threatened to arrest the former head control prosecutor of Aliwal North for doing her job, the Grahamstown High Court heard yesterday.

This emerged in a civil trial in which Senqu municipal planning director Palesa Bushula is suing the police ministry and Lwana for more than R800 000 in damages for what she says was an unlawful arrest, detention, assault and theft of her cellphone.

Bushula and municipal manager Mxolisi Yawa, along with their attorney Andre Schoombee, were arrested after an almost farcical confrontation with Lwana at the Senqu offices in Lady Grey in 2013.

Evidence led so far indicates that Lwana had come to the office to arrest Yawa.

Bushula this week testified Lwana had refused to produce any identification to prove who he was and they had called their attorney, Schoombee.

On CCTV footage Lwana is seen arresting Yawa in his office on July 2 2013 while Bushula films it on her cellphone.

As he departs the office, Lwana appears to lunge at Bushula and snatch the cellphone. A scuffle ensues in which Bushula attempts, but fails, to get her cellphone back.

While laying a theft charge against Lwana at the local police station, Bushula was arrested by Lwana along with her lawyer and charged with resisting arrest, assault with intent to commit grievous bodily harm and interfering with the administration of justice.

In evidence led yesterday, it emerged that Schoombee had phoned Rhona Scheun, the Aliwal North head control prosecutor, late on the afternoon of their arrest to ask if an urgent bail application could be arranged for his clients.

Scheun says her job entailed making an informed decision and, if necessary, to arrange a prosecutor to attend the bail hearing.

She had tried to phone Schoombee back to get more information but – unknown to her – he had by this time also been arrested.

She then phoned the Lady Grey Police Station, assuming he was there with his clients. Instead, she said, she had been put through to Lwana. “He seemed taken aback and started attacking me verbally.

“He asked me if I was part of ‘this’ and whether I was interfering.”

She said she had tried to calm him down and reassure him that she sought only to get assist her decision.

“He was furious. He kept on indicating that as far as he was concerned I was interfering and he would arrest me if I continued to interfere with the matter.”

She said the threats to arrest her had been followed up with more intimidation a year later when she had written a letter provisionally withdrawing the various charges against Bushula and Schoombee as certain instructions from the Director of Public Prosecutions regarding the investigation had not been heeded.

The civil trial continues today. information to