Gupta cops case sinks into farce

Only 48 hours after Justice Minister Jeff Radebe announced that criminal charges were to be pursued against high-ranking police officers allegedly involved in the sanctioning of the escort detail for the Gupta wedding entourage, numerous charges have been dropped and suspensions lifted.

The Times has learned from several sources that, before Radebe made his announcement about the charges on Sunday, prosecutors overseeing the cases of the Tshwane metro police officers arrested in connection with the Gupta saga had declined to prosecute because of a lack of evidence.

The charges are said to be against 198 police officers, including 11 Tshwane metro police, and 296 employees of private security companies.

Radebe, who chairs the government's security cluster of ministries, said the charges were linked to the contravention of the Firearms Control Act, private security industry regulations, the road traffic and police acts, and fraud.

The Times has established that many of the charges were not being pursued and the SA Police Union has confirmed that the charges against its members have been dropped.

The union's president, Mpho Kwinika, said they were abandoned because the officers had acted under orders.

"The instruction given was lawful ... they could not ignore it," said Kwinika, adding that the orders were given by Gauteng police commissioner Lieutenant-General Mzawandile Petros.

Kwinika said Petros ordered his deputy commissioner, Major-General Phumza Gela, to make the arrangements.

"They could not discipline the members as that would compromise Gela."

The first suspension to be lifted was that of Gela, who allegedly ordered dozens of off-duty Gauteng flying squad policemen to escort the wedding convoy, including trucks transporting presents, in their state vehicles. He is said to have and authorised the officers overtime pay.

Gela refused to comment, referring questions to the national police communications office.

National police spokesman Brigadier Phuti Setati said: "The SAPS reserves its comment."

Attempts to get comment from Justice Ministry spokesman Mthunzi Mhaga failed.

The Indian High Commission, which was heavily criticised by Radebe on Sunday, yesterday in turn criticised the government in a "clarification" note.

The high commission said that "proper channels" had been followed, and that permission for the landing of the Guptas' chartered flight at Waterkloof Air Force Base had been sought from the defence force by the high commission's defence adviser.

"Permission was obtained three weeks prior to the landing.

"Several dignitaries were on an official visit, which took place at the invitation of the Free State government ... a memorandum of intent was signed for cooperation," the high commission said.

With diplomatic tensions rising, MPs will today debate the report on the scandal by the security cluster ministers.

Many have claimed that the government's seemingly crumbling multi-pronged investigation was a whitewash designed to protect President Jacob Zuma.

• Two of the 11 Tshwane metro police officers suspended in connection with their involvement in the scandal are suingPolice Minister Nathi Mthethwa for wrongful arrest.

On Monday, a lawyer for Inspector Peter van Vliet and Sergeant Lawrence Thorpe served papers on Mthethwa in which each claims R100000 in damages.

Their claims stem from their overnight detention after they were arrested for contravening the Firearms Control Act.

Prosecutors declined to pursue the case, citing a lack of evidence.

They, along with nine of their colleagues, were suspended days later.

A Tshwane municipal source close to the internal investigation said: "The case is flimsy. It has been decided that, because of the lack of evidence, three charges will be dropped."

Tshwane metro police spokesman Superintendent Isaac Mahamba, however, denied that the charges had been withdrawn.

Asked what charges the officers faced, he refused to elaborate.

"We do not want to pre-empt the case ... it's a sensitive issue. We are doing this out of respect for our members' right to a fair trial."

Van Vliet and Thorpe's lawyer, Anton Smith, confirmed that the criminal charges had been dropped.

"As to the internal case, we don't know what is happening. None of the charges they face is a fireable offence." - Additional reporting by Schalk Mouton