Phahlane rubbishes ‘sensationalised parody of an investigation’
Graeme Hosken | 2017-02-06 19:30:02.0
Acting police commissioner, Kgomotso Phahlane.
Image by: Simphiwe Nkwali
Acting national police commissioner Khomotso Phahlane has fired a legal salvo in a bitter fight with the Independent Police Investigative Directorate to stop the “abuse of power” in their corruption investigation into him.
The commissioner‚ who has hired the law firm BBK Attorneys — the same law firm which defended convicted mobster Radovan Krejcir — filed his application in the Pretoria High Court on Monday.
The directorate’s spokesman‚ Moses Dlamini‚ said while they had yet to be served with the papers‚ they would oppose the case.
The application follows raids by the Directorate on Phahlane’s Pretoria home last month‚ in which the directorate tried to determine the origins of an R80‚000 sound system.
It is understood the directorate is investigating a corruption case and is conducting a lifestyle audit looking at Phahlane’s vehicle purchases.
Phahlane in his affidavit denies allegations of wrongdoing.
On Monday he applied to have the search warrant used by the directorate to raid his home‚ reviewed and set aside and to have the court declare that the directorate failed to act in accordance with its lawful duty by allowing private investigator Paul O’Sullivan to participate in its investigation into him.
Phahlane‚ who in his affidavit describes O’Sullivan as a delusional individual who spammed him with insulting emails‚ said by allowing the private investigator to be involved it “failed to provide an independent and impartial investigatory function”.
He accuses the directorate of allowing O’Sullivan and his colleague to participate “as if they were members of IPID‚ in an IPID investigation‚ and in particular when such persons have a direct interest the investigation”.
He calls for the court to interdict and restrain O’Sullivan from threatening him either verbally or via email or encouraging others to harass him and asks that he be stopped from coming anywhere near his home.
Phahlane also asks the court to forbid the directorate from either “directly or indirectly” allowing O’Sullivan to participate in its investigations into him.
Slamming the directorate for its tardy investigation‚ Phahlane said “appallingly poor investigative work” with speculative conclusions were put forward in the application for the search warrant.
He says the directorate’s investigation speaks to a lack of independence.
“The investigation is a sensationalised parody of an investigation … with unlawful behaviour of those executing the warrant. “The entire process was aimed at playing to the media gallery … It was little more than a publicity stunt and exercise in flattery of the directorate. This unwarranted procedure was tainted by this ulterior purpose.”
He calls for the search warrant to be set aside “so that a clear message is sent to IPID in that contraventions of the law will not be tolerated”.
“I have no difficulty with these matters being investigated‚ but mention them simply to demonstrate that there is an agenda to vilify me in the press‚ supported by the Directorate but unsupported by adequate investigation.”