Referred to as: Investigation team · investigation team
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The investigation was split into six parts, each authorised and presented for completion by the investigation team, but ADV Johnson did not inquire into progress specifically about the Minister Cele allegation.
“They presented each leg of investigation as they got to their completion. I did not specifically ask about this, but I do know it forms part of the authorisation of the investigation.”
Advocate Johnson receives briefings and engagements with the investigation team which provide him with sufficient insight into the evidence and the docket for purposes of his prosecution work.
“I get briefings, we have an engagement, and from there I am able to take it forward. Level of insight, yes. That is correct, Chair.”
Investigation teams usually go through the section 27 document and come up with an application specifying suspected offences and persons implicated before starting an investigation.
“the team would have gone through the section 27 document and they would have come up with an application setting out what they see as suspected offences, who might be implicated, and what kind of investigation ...”
The preliminary investigation process involves designated prosecutors and investigators authorized to start and conduct the investigation, leading to a full-blown investigation approval under section 28(1) where additional expertise is added if needed.
“There is a list of all these people that are put in there. That is their, that designation is their authority to proceed and conduct the preliminary investigation ... a full-blown investigation, section 28(1) is approved ... these additional people are added onto the designation and authorisation of this full-blown investigation.”
Lt-Col Sibiya put a clarification statement in his statement, mentioning people and times, and the investigation team also took that statement, implying a request was made that needed clarification.
“But for the fact that I put it in my statement and I am mentioning the people and the times, the investigation team also took the statement. They were not going to accept any statement that they did not request, which means the request was made.”
Warrant Officer Setshed was intimidated by members who acquired his statement and was accused of stealing drugs before the investigation began, making his statement under duress.
“Warrant Officer Setshed admitted to being intimidated by those members that acquired his statement . He indicated that he was first accused of stealing the drugs before the interview began . In no uncertain terms he made it known that this statement was made under duress”
There was a narrative created with clear bias by the investigation team that falsely portrayed the theft of drugs and ignored the lack of evidence pertaining to the actual theft.
“The interpretation of witnesses shows clear biasness from the investigation team investigating the theft of drugs . I believe that in the absence of any evidence pertaining to the actual theft of drugs , a false narrative of what transpired was created . The investigation seems to have been directed towards this false narrative”
The investigation team failed to properly question Warrant Officer Perumal about the storage of stolen drugs and related issues such as Mandrax entries in official books.
“The fact that the investigation team remained silent on that issue, and did not even engage Warrant Officer Perumal to ask him, what is your comment on this?”