|
McCarthy Spy Tapes Surface |
| Publication |
Cape Argus |
| Date | 2009-04-02 |
| Reporter |
Christelle Terreblanche Angela Quintal |
|
Web Link |
A transcript showing that former Scorpions boss Leonard McCarthy's telephone
calls were intercepted by police surfaced on Wednesday.
The transcript was part of a sworn statement by former airport security chief
Paul O'Sullivan.
While there is no official confirmation that spy tapes allegedly showing a
political plot behind the prosecution of ANC president Jacob Zuma forms part of
his legal team's representations to get him off the hook, the latest affidavit
gives credence to the existence of intercepted conversations.
However, it is still not clear whether the interception was legal or whether
McCarthy was the subject of illegal tapping by the police.
The transcript of a 13-minute conversation McCarthy had with a colleague in
October 2007, is annexed to O'Sullivan's
affidavit signed on Wednesday.
It is part of O'Sullivan's latest attempt to ensure that criminal charges are
investigated against senior police officers.
The affidavit and annexure was also e-mailed to the Office of the
Inspector-General of Intelligence who earlier rejected a request by the
Democratic Alliance to investigate the existence of the spy tapes and whether
these were legally obtained.
According to the transcript of the conversation, McCarthy discusses with his
colleague - believed to be Scorpions investigator Thanda Mngwengwe - how they
should alert Scorpions Gauteng head Gerrie Nel to a police investigation into
his conduct without unduly upsetting him.
The transcript has already been cited in another court case to show that the
Scorpions were allegedly prepared to defeat the ends of justice.
The Mail and Guardian reported last month that the transcript was referred to in
an affidavit by Gauteng deputy provincial commissioner Richard Mduli, in support
of a Labour Court challenge by suspended
Scorpions prosecutor Nomgcobo Jiba.
At the same time, the conversation centres on McCarthy's thoughts that the
police were "playing" the Scorpions, saying that there was a strategy to
unsettle the work of the unit and to "target certain people".
While Mduli alleged that senior NPA officials tried to frustrate and obstruct
the police investigation into Nel, the full transcript of McCarthy's
conversation - and NPA documents contained in Jiba's court papers - support a
counter-allegation that there was a campaign to
nail the prosecutor.
Jiba was suspended in 2007 after evidence emerged that she had helped the police
in attempts to secure an arrest warrant for Nel - who is the lead prosecutor in
the case against national police commissioner Jackie Selebi who was arrested,
but the Pretoria Regional Court in January this year withdrew charges of
corruption and defeating the ends of justice.
McCarthy in his last appearance before the National Assembly's justice committee
in February last year, referred to the fact that Mngwengwe's cellphone was
tapped, but he gave no indication that he knew his own calls were being tapped.
McCarthy - who resigned from the Scorpions to head the World Bank's
anti-corruption unit in June 2008 - has not been available for comment.
A series of McCarthy's conversations with among others, former NPA boss Bulelani
Ngcuka, as well as then president Thabo Mbeki, is alleged to be part of the
evidence presented by Zuma's lawyers to the NPA, in an attempt to have charges
dropped against him.
It is alleged these prove executive interference in the work of the NPA,
although both Ngcuka and Mbeki, have denied the allegations.
Deputy national director of public prosecutions Willie Hofmeyr, and Scorpions
head Sbongile Mzinyathi, travelled to Durban recently to listen to the
recordings in possession of Zuma's lawyer Michael Hulley.
It is understood this convinced them that the NPA's case against Zuma was
tainted and that the prosecution against him should not proceed.
NPA head Mokotedi Mpshe spent two days locked in meetings with the Zuma
prosecuting team earlier this week to decide on the way forward.
The NPA is expected to announce tomorrow whether it will drop charges against
Zuma or proceed with the prosecution.
With acknowledgements to
Christelle Terreblanche, Angela Quintal and Cape Argus.