Weekend Argus (Saturday Edition)
Phiyega ‘ignored’ correct procedure
EMBATTLED national police chief Riah Phiyega has been accused of flouting official procedures and acting irrationally in denying three top Western Cape officers state funding for legal representation in what is set to become a mammoth corruption trial.
And her pending suspension may complicate proceedings in the case.
The three top cops, along with suspended provincial police commissioner Arno Lamoer, are accused in the matter which is exposing suspected corrupt dealings among the province’s top tier of police.
Yesterday the allegations against Phiyega were made in the Western Cape High Court when the upcoming trial involving the officers and Lamoer was discussed.
Defence advocate Johann Nortje said Lamoer’s police coaccused, Stellenbosch police cluster commander Brigadier Darius van der Ross, a provincial head of inspectorate Brigadier Kolindren Govender, and his wife Bellville station commander Brigadier Sharon Govender, had applied for Statefunded legal representation.
But he said Phiyega had turned this down in May without consulting the State attorney, as she should have.
“She irrationally decided not to approve the funding... There was no process followed by the national commissioner to come to the conclusion,” Nortje said.
Lamoer, Van Der Ross, Govender, and Govender’s wife face corruption charges along with Plattekloof businessman Mohamed Saleem Dawjee and his son Mohamed Zameer Dawjee. Dawjee junior represents two companies in the matter.
It is the State’s case that Lamoer secretly accepted R75 524 from Dawjee senior to cover expenses he could not afford, while Dawjee is accused of bribing the police officers.
Yesterday during the pretrial proceedings, the focus of discussions unexpectedly shifted to Phiyega. Nortje said police were entitled to apply for legal representation at the State’s cost and if convicted, the money they had been allocated could be deducted from their pension funds.
On Wednesday he had drafted a memorandum to Phiyega to ask her to reconsider her decision to deny the funding to Van Der Ross and the Govenders. Nortje said an application for State-funding usually took about two weeks to be finalised. But this time frame could be affected by other troubles Phiyega faced.
“Again, it’s another unfortunate situation (because) it may not be the current police commissioner’s decision because she may herself be suspended.”
Nortje was referring to the announcement earlier this month that President Jacob Zuma was instituting an inquiry into allegations of misconduct against Phiyega which could result in her suspension.
If Phiyega was suspended, Nortje said she would be entitled to legal representation at the State’s expense.
State prosecutor Billy Downer said in Lamoer’s case he had written confirmation showing that State-funded legal representation had been withdrawn. Downer did not know why.
Lamoer had since appointed a private legal representative, advocate Grant Smith.
Yesterday Judge Robert Henney questioned why the police officers in the case had been denied State- funding, when it was regularly granted to other officers. “I don’t know why this is different.”
The case was postponed to October 23 for more pretrial discussions.