The application by suspended KwaZulu-Natal Hawks head General Johan Booysen to have his racketeering prosecution quashed will be heard by the Durban High Court next year.
Booysen’s lawyer, Carl van der Merwe, confirmed the application, brought against then acting national director of public prosecutions Nomgcobo Jiba, will be argued by counsel on February 7.
Booysen was charged, along with members of the now disbanded Cato Manor Serious and Violent Crimes Unit (SVCU), who allegedly murdered 29 suspects, planting firearms to make the killings look legal.
According to the indictment authorised by Jiba, he ran a criminal operation with his men, carrying out paid hits and manipulating the SAPS system to simultaneously secure promotions and merit awards.
In papers filed in support of the application, Booysen accused Jiba of ignoring evidence in her possession which proves his innocence on racketeering and murder charges.
Booysen has also accused her of misleading the court in her claim that she considered, among other things, statements by three witnesses as she did not have these at the time the decision to charge him was taken.
The high court murder and racketeering trial has been adjourned until Booysen’s bid to quash the charges in terms of the Prevention of Organised Crime Act (POCA) is heard.
In the last exchange of documents, Booysen said Jiba could not have properly considered the dockets in her possession, along with sworn statements from three witnesses, in her decision to charge him, as she had claimed.
At the time the decision was taken to charge him on August 17 last year, Jiba did not have the statements from Colonel Rajen Ayer, Greek national and former reservist Ari Danikas and a police informant known as Ndlondlo in her possession.
Jiba, he said, was being “mendacious’’ when she claimed she had used the statements in her decision making.
“She is invited to explain how she could have taken into account information on oath the objectively did not exist at the time of taking the decision,’’ Booysen said.
He claims Jiba had not applied the National Prosecuting Authority’s own policy directives in looking at the statements as the evidence in them relating to Booysen were “exculpatory’’ and did not implicate him.
He said had Jiba investigated Ndlondlo’s hearsay claims that they had carried out taxi hits, she would have found the two men named as paymasters, Sanele Zondi and Bongizwe Mhlongo, were his longstanding rivals. Both had disputed Ndlondlo’s version.
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