Phahlane weighs in on his legal options
FORMER Acting National Commissioner of Police Khomotso Phahlane is considering whether to apply for a formal stay of prosecution, following the State’s failure to serve formal and final charges against him.
Yesterday, Phahlane’s lawyer Piet du Plessis confirmed that his client was looking at his legal options after magistrate Nicca Setshogoe withdrew charges of corruption, fraud and money-laundering against him and his co-accused.
Setshogoe made the ruling after the State had applied for another lengthy adjournment, which the magistrate found would not be fair on Phahlane.
But the Independent Police Investigative Directorate (IPID) – the main complainant against the accused – said they would soon reinstate charges against Phahlane.
Phahlane stood accused on the charges along with his wife, Beauty Phahlane – also a police officer – as well as businessman Durandt Snyman in the Pretoria Commercial Crimes Court.
Du Plessis said that the state was on a “fishing expedition” to charge his client.
“The withdrawal of the charges means that the State did not have sufficient evidence to prosecute the matter. They must reinstate the charges against him soon or else we would apply for a permanent stay of prosecution,” Du Plessis said.
Phahlane said: “I am not excited about the outcome of the case and all I can say is that I have full confidence in the criminal justice system, especially our courts”.
He also said he welcomed the latest investigations against him, involving the alleged award of a lucrative tender to Keith Keating of Forensic Data Analysts (FDA).
“I do not sit in any body or association which awards contracts,” Phahlane said.
Ipid spokesperson Moses Dlamini said yesterday’s outcome was not “an acquittal”.
“In addition, there is a pending litigation in which the suspects are challenging the search warrants. This challenge is set to be heard on June 18 at the North Gauteng High Court. We believe the evidence obtained during the contested search will further strengthen the already strong case against the suspects,” Dlamini said.