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Discussions were held with Advocate Bell representing the office of the NDPP regarding the proposal to provisionally withdraw the case.
“We were then allocated Advocate Bell to meet with us ... And the discussions took place between us and Advocate Bell, who was representing the Office of the NDPP.”
The National Director reviewed and agreed that oversight matters should be removed from Advocate Johnson and assigned to Deputy National Director of Public Prosecutions and National Prosecuting Service head, Advocate Bell, with an independent review panel established for fairness and transparency.
“He now fall under the reporting structure of the Deputy National Director of Public Prosecutions, who heads the National Prosecuting Service, Advocate Bell, and as well as the fact that the National Director has appointed, Advocate Mhaga ... i think there is an independent review panel that has been put together to consider not just one matter, but all the matters for processes of fairness and transparency.”
On Friday prior to the hearing, the accused, Brigadier Mokwele, submitted an additional document to the National Director and Advocate Bell, which references evidence of Mr Padayachee relevant to completing representations.
“On Friday, the Friday that passed, the accused, Brigadier Mokwele, did submit in writing, for the attention of the National Director, as well as Advocate Bell, who now oversees these matters, an additional document wherein her legal team alludes to the evidence of Mr Padayachee especially in relation to aspects elicited during the examination at the Commission on the section 27, and makes it clear that these cannot be ignored for purposes of completing the representations.”
The accused, Brigadier Mokwele, submitted an additional document for the attention of the National Director and Advocate Bell, which alludes to the evidence of Colonel Padayachee and indicates that the evidence cannot be ignored for purposes of completing the representations.
“on Friday, the Friday that passed, the accused, Brigadier Mokwele, did submit in writing, for the attention of the National Director, as well as Advocate Bell, who now oversees these matters, an additional document wherein her legal team alludes to the evidence of Mr Padayachee ... and makes it clear that these cannot be ignored for purposes of completing the representations”
Confirmation by NPA of the docket being with them for decision was communicated to Mr Mhaga and was supposed to be obtained from Advocate Bell for counsel.
“This NPA confirmation , is it in writing , and to whom was that confirmed ? ... Mr Mhaga ... We were supposed to get that confirmation for you from Advocate Bell .”