Defence pokes holes in case against suspended DPP Chauke

THERE is not a single reference against suspended Director of Public Prosecutions, Advocate Andrew Chauke that he exercised his discretion for an ulterior motive or that he is guilty of gross negligence.

This is according to Chauke’s legal representative Advocate Tembeka Ngcukaitobi who also told the Nkabine Inquiry that it was dangerous to try and remove a prosecutor from office simply because someone else believed they had made a wrong decision - especially dangerous in a country crippled by crime.

The Nkabinde Inquiry, chaired by retired Constitutional Court Justice Bess Nkabinde was established to probe Chauke’s fitness to hold office. The hearing concerns two broad complaints against Chauke. The first relates to the institution of racketeering charges against Major-General Johan Booysen and members of the Cato Manor Unit and the subsequent defences of the proceedings instituted by Booysen to set aside the racketeering certificates.

The second relates to his conduct regarding the failure to continue with charges into Lieutenant-General Richard Mdluli’s alleged involvement in the murder of Tefo Ramogibe. 

In his opening address,  Ngcukaitobi went into detail into the circumstances of both matters and said there was nothing to show any wrongdoing on Chauke’s side in handling the matters. He said they will call witnesses - including a senior advocate - to prove this.

Ngcukaitobi told the panel that the allegations against his client were unfounded and unsustainable in law.  They were based on a grave misunderstanding regarding the decisions he was empowered to make.

The accusations levelled against Chauke were dangerous as prosecutors were never disciplined for exercising their lawful discretion in whether or not to prosecute cases, said Ngcukaitobi arguing that there was not a single reference that against Chauke exercised his discretion for an ulterior motive or that he is guilty of gross negligence.

Ngcukaitobi described the charges against his client as vague and embarrassing, and they did not disclose any wrongdoing on his part or that he had acted with malicious intent. 

Ngcukaitobi indicated that they will call several witnesses, previously from the National Prosecuting Authority, to testify on behalf of Chauke to prove no wrongdoing on his part. This will include Advocate Gerrie Nel, who is now with AfriForum’s Private Investigating Unit.

Nel will testify regarding the difficulties which prosecutors face in making decisions to prosecute under circumstances where they do not have enough support from the police to build a case, while accused on the other hand are legally armed, the panel was told. 

Ngcukaitobi said Chauke was the first African prosecutor in 1996 in Randburg and questioned how a man of such integrity can be called today to face the inquiry. 

Cape Times