Phiyega, Ncobo and O’Sullivan subpoenaedComment on this story
Johannesburg - National police commissioner Riah Phiyega and crime intelligence boss Chris Ngcobo have been subpoenaed to produce documents linked to the trial of Czech fugitive Radovan Krejcir.
Forensic investigator Paul O'Sullivan has also been subpoenaed. The three might have to testify if they fail to produce the documents, it emerged on Thursday.
They were served the subpoenas on Tuesday, and had to respond by Friday, before the trial of Krejcir and five others resumes in the High Court in Johannesburg, sitting in Palm Ridge.
Proceedings came to a halt on Thursday when Annelene van den Heever, for Krejcir, said she could not continue her cross-examination of State witness Paul Mthabela until she had received all the documents.
Phiyega was required to produce all documentation which led to her reportedly ordering the arrest of Krejcir and one of his co-accused, Desai Luphondo, in November last year.
Krejcir, Luphondo, warrant officers Samuel Maropeng and George Nthoroane, as well as Jan Lefu Mofokeng, and Siboniso Miya face charges of kidnapping, attempted murder, and dealing in drugs.
They allegedly kidnapped Bheki Lukhele in a bid to force him to reveal the whereabouts of his brother, Doctor. Doctor, who worked for a cargo company at OR Tambo International Airport, had disappeared with 25kg of tik (methamphetamine), which he had been tasked to transport to Australia, allegedly for Krejcir.
Lukhele testified earlier that he was forcefully taken from his Katlehong home in June last year, blindfolded, bound, kicked and punched, and had boiling water poured over his head, allegedly by Krejcir.
O'Sullivan has claimed to have aided police to construct the case that led to Krejcir's arrest.
Earlier this week however, police spokesman Lt-Gen Solomon Makgale told the Citizen Krejcir's arrest came solely from the police efforts.
The subpoena served on O'Sullivan requires him to produce all documentation linked to his investigation of Krejcir.
His cellphone provider was subpoenaed to provide all his call and text records from June last year to February 2014.
Meanwhile, Krejcir, Siboniso Miya, Zoduma Biyela, Jacob Nare, Nkanyiso Mafunda, police sergeant Nandi Nkosi, and Owen Serero also face charges linked to a conspiracy to kill O'Sullivan and police Colonel Nkosana “Killer” Ximba.
Ximba's name has repeatedly come up in Krejcir's current trial.
Peter Vusi Msimango and Paul Mthabela, both State witness testifying in exchange for immunity, have claimed to be long-time friends of Ximba.
Van den Heever has issued a subpoena demanding the cellphone records of Ximba, Mthabela, and Msimango. Ximba needs to produce his vehicle tracking records and that of his driver.
It was understood that Ngcobo had to produce records taken from tracking devices of the East Rand organised crime unit's fleet of cars.
He would need to provide information on which of his officers were using them in June last year, when Lukhele was allegedly kidnapped and assaulted.
The court has heard that police officers working with Krejcir used “fancy” vehicles and flashed their police cards to kidnap Lukhele from his home.
The Union Hospital in Alberton, where Lukhele was treated for an injury he sustained at work in 2010, was also served a subpoena. The hospital's superintendent was ordered to produce Lukhele's medical files.
When Lukhele took the stand several days ago, he told the court the injury required that skin from his thigh be grafted onto his arm, where he had been injured. It was unclear how the medical records supplied by the hospital could affect Krejcir's case.
Lukhele could, however, be recalled to the stand.
As Mthabela was cross-examined by Van den Heever on Thursday, it emerged that he had pending charges against him, which he would not disclose.
He revealed only that Nardus Grove was representing him in that trial.
Grove was in court, representing one of Krejcir's co-accused, Siboniso Miya.
Grove and Judge Collin Lamont agreed there was no conflict of interest.
The trial continues on Friday.