Former National Prosecuting Authority prosecutor Advocate Michael Mashuga testifying before the Ad Hoc Committee on Wednesday.
Image: Phando Jikelo / RSA Parliament
Former prosecutor of the National Prosecuting Authority (NPA), Advocate Michael Mashuga, testified on Wednesday that forensic fraud examiner Paul O’Sullivan and his assistant Sarah-Jane Trent were involved in the investigations by the Independent Police Investigative Directorate (IPID).
Testifying before the Ad Hoc Committee, Mashuga said the IPID improperly relinquished its core investigative responsibilities to private individuals, specifically O’Sullivan and Trent.
Former acting national commissioner Khomotso Phahlane previously told the Ad Hoc Committee that the police watchdog body was infiltrated by O’Sullivan, who has dismissed the claim that they conducted investigations on behalf of the IPID.
“I place evidence that the IPID investigation at that stage was not independent because it was infiltrated by Mr O’Sullivan and Ms Sarah-Jane Trent, who were not only independent and biased, but who had a motive to falsely implicate General Phahlane,” he said.
Mashuga accused the IPID of breaching the principles that govern its mandate.
He outlined the mandate of IPID and cited sections that provided, among others, that no member of the directorate may investigate in which he or she has an interest that might preclude the exercise of power in an objective manner.
The IPID Act also provided that no person may be involved in an investigation of a friend, relative, and a person who helped him or her financially.
“He cannot involve those people in an IPID investigation,” said Mashuga.
Referring to the Phahlane investigation, he said O’Sullivan and Trent exchanged favours with IPID officials with the interest to remove Phahlane from office.
“We have heard before this committee Mr O’Sullivan admittedly made a contribution of R200,000 for the legal expenses of Mr McBride. That was during the period McBride was suspended.”
He noted that immediately after McBride was reinstated in November 2016, O’Sullivan approached him and involved himself in the investigation against Phahlane.
“That he paid that money for the legal expenses of Mr McBride was forbearance for him to be involved in the investigation and exercise the function and power of IPID.”
He added that the payment of the legal fees was considered gratification.
Mashuga also said there had been intimidation and extortion of Phahlane when O’Sullivan told him that once he was in prison, his house would be sold in an auction and he would buy and sell it as he did with that of convicted fugitive Radovan Krejcir.
He added that there was also a charge that the IPID Act was contravened when O’Sullivan and Trent presented and acted like IPID investigators when they visited the estate where Phahlane’s house is.
This was when the pair pretended to go with IPID officers and obtained statements.
“They allowed them to continue contravening the IPID Act,” he said.
Mashuga added that there was also fraud wherein the estate manager was intimidated with imprisonment to provide access to confidential house plans for the Phahlane house.
“They intimidated Chris Jooste when he did not give the house plan and said he would be sentenced to two years.”
He stated that the imprisonment applied when a person did not cooperate with IPID, not a private person like O’Sullivan and Trent.
“We know that the house plans were provided by Chris Jooste. It is O’Sullivan who took pictures of the house plan with his phone.”
Mashuga charged that O’Sullivan was using the IPID as cover to conduct his investigations.
“We know that his intention was to show General Phahlane that ‘I told you we will take you to prison and here I am taking you to prison’.”
He added that when his investigations were continuing, they continued taunting Phahlane by sending emails that said: “I told you I am going to do this”.
Mashuga said he identified O’Sullivan, Trent, and two IPID investigators as suspects of the charges.
According to Mashuga, when Phahlane made an application to interdict O’Sullivan, they made false allegations with the IPID investigators in the affidavits, and claimed they were involved only in the preliminary investigation.
“We knew this was wrong. This is false information that they were including in sworn statements. That is the reason we charged them with perjury.”
Mashuga told the Ad Hoc Committee that he had been subjected to sustained interference, insults, and allegations that he was captured for guiding the prosecution-led investigation into O’Sullivan and others.
“In fact, during that time, there was a sustained attack which included interviews of O’Sullivan going to different radio stations, and different articles were written about me, and my name made it in a book by Jacques Paul, where allegations of state capture and corruption were made because I made a decision to prosecute Paul and other suspects and accused.”