Ipid calls ‘planned’ Phahlane raid ‘mind-boggling’
Sources confirm the acting head of police is trying to get a warrant signed against the institution that is investigating him.
Lieutenant-General Khomotso Phahlane is seen during a press briefing, 1 December 2016, at the SAPS Training Acadamy, Pretoria. Picture: Jacques Nelles
Correction on 1 June 2017:
ANC MP Angie Molebatsi has denied she was aware of the alleged intended raid on the Independent Police Investigative Directorate, which this article originally stated was the case due to information obtained from a source.
The Citizen apologises for any embarrassment that may have been caused and the article below has been amended.
Police have denied that acting national police commissioner Lieutenant General Kgomotso Phahlane is planning a raid on the Independent Police Investigative Directorate (Ipid) to try to uncover evidence of it being “captured” by forensic consultant Paul O’Sullivan, politicians, senior cops and other outsiders.
“We are unaware of any such action,” said police spokesperson Major General Sally de Beer.
However, the intended raid was confirmed to The Citizen by two separate sources – who have no knowledge of each other.
The raid is believed to be imminent, as soon as Phahlane can find a magistrate to sign off on the search warrant.
Phahlane turned to the courts earlier in May to try to stop Ipid investigating him, as well as using O’Sullivan.
“Nobody can be above investigation if they’re in the police by the unit appointed to do the investigation of the police; it’s absurd,” said Wits law professor advocate James Grant.
However, said Grant, there could be a valid reason for how the investigation was being conducted.
“If they’ve got evidence on the basis of which there is a reasonable suspicion, then they may have a case,” said Grant.
Ipid head Robert McBride said he was shocked a suspect in an investigation “could stoop to such levels to shield himself from a legitimate investigation”.
“The audacity to abuse power in this manner and to have disregard for the rule of law in this way for personal interest is mind-boggling, to say the least.”
McBride said he had learnt the national intervention unit had been placed on standby to conduct the raid.
ANC MP Angie Molebatsi of the parliamentary portfolio committee on was asked what kind of a perception such a raid would create, given Phahlane was under investigation by Ipid, Molebatsi replied: “No comment.”
O’Sullivan, however, was a little more forthcoming.
“This is interference. The constitution says Ipid should be independent, and here they are going to raid Ipid,” said the forensic detective.
He noted Phahlane’s response to Ipid’s application for an interdict preventing Phahlane from interfering in the investigation was to ask for all the documentation Ipid had on Phahlane.
“If they are planning to do that, let them go ahead and do it. Neither myself, nor any of my staff, have committed any offences, as will be proven in the course of time.
“Phahlane thinks he is above the law and he can go and raid peoples offices to obtain all the evidence against him. The way it normally works is, once you’ve been charged and the trial date is set, you’re given access to documentation in the police docket through a process called disclosure so you can prepare your defence.”
On Tuesday, Phahlane succeeded in having Ipid investigators Mandlakayise Mahlangu and Temane Binang joined with O’Sullivan and his assistant Sarah-Jane Trent on charges of fraud, intimidation and extortion related to a search done on Phahlane’s property.
Phahlane is in under investigation for allegedly contravening the Organised Crime Act and defeating the ends of justice.
Ipid is also trying to stop Phahlane from allegedly interfering in its investigation of him.
