Hawks now question reporters, cops in O’Sullivan probe

Forensic consultant Paul O'Sullivan handed out voice recordings on graft at a media briefing. File picture: Chris Collingridge

Forensic consultant Paul O'Sullivan handed out voice recordings on graft at a media briefing. File picture: Chris Collingridge

Published Jun 7, 2016

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Johannesburg - As the Hawks intensify their probe into forensic consultant Paul O’Sullivan, investigators have turned their focus to questioning and interrogating journalists and SAPS members who worked closely with suspended national police commissioner Riah Phiyega.

O’Sullivan last year held a media conference accusing the now retired head of detectives, Lieutenant-General Vinesh Moonoo, of corruption. During the conference, O’Sullivan distributed voice recordings of Moonoo allegedly talking to suspected underworld figures.

The Star has now learnt that Hawks investigators are sending questions and interrogating police members from head office regarding a media query sent to them last year on the phone interceptions.

Sam Sole from investigative journalism unit amaBhungane had sent the query to suspended head of communications Lieutenant-General Solomon Makgale, as well as Phiyega and Moonoo. Sole was enquiring about the voice recordings, which he labelled as “Lawful Act 70 interceptions”.

The recordings had been handed out by O’Sullivan to journalists, Phiyega, numerous politicians, the public protector and even Deputy President Cyril Ramaphosa in a bid to make them aware of the investigation he had carried out against Moonoo.

Moonoo has denied the allegations on several occasions.

The Star understands that on May 3, some of the police officials dealing with the query were interrogated, while others were approached telephonically and by email. The interrogations came after acting national police commissioner Lieutenant-General Khomotso Phahlane allegedly told them they needed to co-operate with the investigation.

In the questions sent to the officials, it is made clear that the Hawks are investigating a complaint opened by Moonoo about the alleged lawful interceptions of his cellphone calls.

“The complainant (Moonoo) in his affidavit says his fundamental rights were compromised and the disclosure of the interception of his phone to him amounts to intimidation,” the Hawks said.

Investigators asked those interrogated if they had warned Sole that by disclosing the voice recordings through the media, it could potentially compromise an investigation against Moonoo, particularly if there had been a Section 70 application to monitor Moonoo’s calls. They also asked if any articles had been written about the interceptions.

The Star understands the officers asked if they were witnesses or suspects in the case, but received no answer.

Sole told The Star that the day after O’Sullivan’s arrest in April, he received a phone call from the Hawks, who told him that they wanted to question him. Later, he was told that the questioning was around the email he had sent, to which they wanted access.

“I told him (the Hawks officer) I would have to see if I could find the email as I had no clear recollection of what he was talking about,” Sole said.

On May 11 he received another call, saying the Hawks wanted access to his laptop. “It appears that they are attempting to explore the possibility that I committed some offence under Section 70, which, as I understand it, regulates interceptions or bugging. Of course I did not bug anyone, but it appears the Hawks might want to establish that I disclosed to someone that he was an interception target,” Sole said.

He added that, together with his colleagues at amaBhungane, he had been investigating and writing about the capture of state institutions, including in the criminal justice system.

“I can only imagine that this is seen in some quarters as a threat,” Sole said.

When asked for comment, police spokesman Brigadier Hangwani Mulaudzi said the Hawks and the SAPS “do not comment or investigate through the media on all current and ongoing cases”.

O’Sullivan said he believed what was happening was “a disgraceful abuse of power” and he could not understand why, instead of investigating Moonoo, the Hawks were now trying to silence those who had brought information on him to them.

SA National Editors’ Forum chairman Mpumelelo Mkhabela said this sounded like an “unwanted interrogation of a journalist who has worked tirelessly to uncover corruption”.

He said the press code was clear that journalists are free to ask questions as long as they are in the public interest.

“We condemn such intimidation tactics,” Mkhabela said.

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The Star

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