'Put NPA boss in dock'

Controversial Durban businessman Visham Panday has launched a blistering attack on National Prosecuting Authority boss Shaun Abrahams, saying his decision to not prosecute a police officer over the theft of a R1-million Mercedes-Benz was another example of why he is unfit to hold office.

Panday wants to haul Abrahams before court and wants the court to force the under-fire NPA boss to prosecute over the theft.

In court papers filed in Durban two weeks ago, Panday slates Abrahams for supporting a decision by his subordinates in the national and KwaZulu-Natal offices not to prosecute an eThekwini Metro Police officer who allegedly stole his car more than a year ago. This is despite claims by Panday that police have said there was a good chance of conviction.

Panday is the brother of Thoshan Panday, who was charged with fraud last year for allegedly bribing a former top cop, and has been accused of using his friendships with police to score lucrative contracts, sometimes illegitimately.

"It is now public knowledge that there are serious concerns about the fitness of Abrahams to hold the office he does. This is yet another glaring example which fortifies that suspicion," writes Panday in his affidavit.

Panday wants the court to force the NPA to prosecute. The businessman, who previously served nine months in jail on a fraud conviction, has regularly claimed that action is not being taken "because of my surname".

"I am being victimised. It is unfair," said Panday. He says in the papers that he approached Abrahams's office for assistance after NPA officials in KZN said they would not be taking on his case because there was limited chance of success.

Panday disagrees, saying in his affidavit that he believes Abrahams did not adequately apply his mind. He also says he doubts whether the NPA boss has even read the case docket.

But the NPA told the Sunday Times this week that it stood by its decision and that it would oppose Panday's application.

"Panday approached the national director through his legal representatives to review the decision of the DPP [Director of Public Prosecutions] KZN. [Abrahams] considered the matter and advised Panday in writing that there is no reasonable prospect of a successful prosecution in the matter. He further advised him that he was satisfied the prosecutors dealt with the matter professionally, diligently and within the prescripts of the law.

"Panday's assertion [of victimisation] is entirely without any merit," the NPA said in response to questions sent this week.

The battle stems from Panday's March 2016 visit to the home of the metro police officer in Phoenix, Durban, where, Panday claims, his vehicle was stolen. A case was opened with SAPS and investigated, but the NPA said there was not enough evidence to prosecute.

In two previous cases, Panday has demanded that the metro police explain
why the officer was never suspended nor action taken against him him. . Both cases are ongoing.

SAPS spokesman Colonel Thembeka Mbhele confirmed the police had completed their investigation and handed the file over to the DPP for prosecution.