“Decision to prosecute or not can’t be made in days” – Lawyer

Staff reporter

Bloemfontein – The speculation around the imminent arrests following allegations of financial misconduct laid bare by Patrick “The Butcher” Phuti has sent the Free State Province into a frenzy.

This after news broke that the Directorate for Priority Crime Investigations (DPCI) handed a docket to Advocate Navilla Somaru, Director of Public Prosecution (DPP) for decision to prosecute or not.

News about the docket reached our beer table last Thursday and immediately, questions were sent to Senokoatsane Mojalefa, spokesperson for National Prosecuting Authority (NPA) to confirm if indeed the docket has been handed over and if a decision has been made.

Senokoatsane could not confirm nor deny but promised to provide response once they have studied and verified what we asked.

On Tuesday, news circulated on social media that arrests have been made but a prominent lawyer who spoke on condition on anonymity explained how the process unfolds.

“Once the docket is handed over, the DPP will study it and decide.

However, the decision to prosecute or not can’t be made in days. It can even take weeks or months.”

Why so long? We asked.

“The DPP must satisfy herself and in that process, the docket will fly between the office of the DPP and the Investigating Officer (IO).

Whenever the DPP needs clarity or has questions, she will need to be fully answered by the IO and at times the IO will need to go investigate further, so it takes time.”

Wrapping up he said.

“This happens with all cases but this one, it is a high profile case hence so much interest and the DPP will not make rushed decision.

Regardless what the decision is, it will lie on whether there is prospect of success or not.”

With NPA in Free State, anything is possible, last year, acting regional head took a decision above his pay grade.

He took a decision to prosecute, a decision by law that can only be taken by Director of Public Prosecutions.

If we did not have a letter from Advocate R De Kock, National Deputy Director Public Prosecutions we would never believed it.

AFRIFORUM FORCE NPA TO REOPEN A CASE
Yesterday, The National Prosecuting Authority (NPA) reopened the child pornography case against the University of Cape Town (UCT) law Professor Pierre de Vos in response to AfriForum’s Private Prosecution Unit’s representations that identified numerous investigative failures.

The police docket contained only two statements: the statement of the complainant, who was an AfriForum Youth representative at the time, and an unsigned statement from De Vos.

Among the investigation’s shortcomings, the unit noted that the police did not obtain De Vos’s cellphone data, mobile service provider records, internet service provider records, social media records, statements from several people, including the “technical expert” he claims to have consulted, and expert analysis of all this data and information.
Adv. Indra Goberdan, Deputy Director of Public Prosecutions in the Eastern Cape, said in a letter dated 21 November that her “office has instructed the South African Police [Service (SAPS)] to comply with outstanding investigations and the relevant prosecutors have been requested to provide reports in respect of the decision that was taken. This office will be in a position to review the decision [not to prosecute] when the above-mentioned aspects have been finalised”.

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