Racketeering charges dropped but personal turmoil remains
Details of suffering, hardship heard
IT WAS a moment of relief for Detective Warrant Officer Shane Naidoo when racketeering charges against him and members of the Organised Crime Unit were withdrawn last week.
But the moment remained bittersweet.
It would not bring back his younger brother, Leon, 26, who suffered a fatal heart attack, shortly after he watched Naidoo being handcuffed and arrested.
“About a dozen officers from the Hawks, Ipid (Independent Police Investigative Directorate) and the forensic department stormed my home in Phoenix to arrest me. Shortly after I was detained, Leon died.
“Since 2012, I have had to live with the pain of not being able to say goodbye to him. I was not even allowed to attend his funeral and perform the final rites because my arrest prevented me from doing this.”
In 2012, the former acting National Prosecuting Authority head advocate Nomgcobo Jiba took the decision to prosecute 30 members of the unit, also referred to as the Cato Manor Death Squad.
The State alleged they had killed suspects and staged the crime scenes to justify the killings, between 2006 and 2010.
The charges included murder, housebreaking, theft and defeating the ends of justice.
A week ago, the national director of public prosecutions advocate Shamila Batohi withdrew the racketeering charge against the unit, after a panel found the authorisations made by Jiba were invalid.
Over the years, three members died, three others left the force, and four retired.
Naidoo, 39, added that prior to their arrest, the team had co-operated with the police.
“We made ourselves available when they needed to see us. We also handed over our cellphones and firearms when we were told to. I could not understand why we were arrested with such force.”
Naidoo, the family breadwinner, said the arrest and subsequent legal battle had impacted him financially, mentally and socially.
“Our salaries were drastically reduced. Our legal costs amounted to thousands. I became anti-social because everywhere I went, people questioned me about the case.”
His co-accused, he said, provided him with much-needed support.
“We knew justice would prevail. Every time one of us felt down, we regrouped to pull through together. This is what made us the best when it came to investigating serious and violent crimes.”
A relative of fellow co-accused Captain Mukesh Panday said he was eager to move forward in his personal and professional lives.
Panday, 55, of Parlock, has served the SAPS for 36 years and, like Naidoo, is currently based with the Durban Organised Crime Unit.
The relative, who spoke on behalf of Panday, said the policeman was grateful that one of the charges had been withdrawn.
“He trusted in God and maintained his faith. The team was innocent from the beginning. Mukesh believes the entire case against them was politically motivated. You can see now justice has prevailed.”
The relative said the charges had not only impacted Panday’s well-being and finances, but his relations with his extended family and friends as well.
“These were severe allegations. It left his wife and children emotionally-scarred. He could not go to family gatherings because people would ask all sorts of questions and it made him uncomfortable.”
The relative added that Panday had also struggled financially.
“Mukesh was not earning a full salary and the cost of an attorney had run into the millions.
“His state-issued police car and cellphone were taken away and he had no money to buy a car. He had to borrow one. In addition to this, his health had taken a turn for the worse.
“He suffered from depression and weight loss, and struggled to sleep. His life was turned upside down. In all of this, he still had to perform his duties.
“But his passion for his job kept him motivated.”
Former KZN Hawks boss General Johan Booysen said: “I feel vindicated. It’s been a long haul but I never expected an adverse outcome to the trumped up charges against me.
“As I testified at the Zondo Commission of Inquiry, I have no doubt that my prosecution was to neutralise me because of the cases I investigated and supervised.”
Booysen retired from the SAPS in February 2018.
The NPA head of communications Bulelwa Makeke said the racketeering charge had been withdrawn against all the accused, while the other charges would be reviewed, case by case.
“The remaining charges, which include murder, housebreaking, theft and defeating the ends of justice, will be referred to the acting DPP (deputy public prosecutor) in KwaZulu-Natal, advocate Elaine Zungu, to reassess the evidence in each case.
“She will then decide whether to prosecute the individuals who may be implicated in those matters.”