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A Bellville prosecutor has found himself on the wrong side of the law for allegedly accepting money to make case dockets “disappear”.
Jonas Phoshoko, 38, of Mitchells Plain and co-accused Mlahleni Mgingi appeared in the Bellville Commercial Crimes Court on Monday.
It is the State’s case that Phoshoko, who worked as a prosecutor at the Bellville magistrate’s court, had allegedly struck a deal with Mgingi to destroy his case docket in exchange for R1 800.
Mgingi was arrested in June 2010 for the illegal possession of 29 182kg of dagga.
“During 2011 (Phoshoko) and (Mgingi) met each other a number of times in Nyanga and contacted each other by way of their cellphones.
According to the charge sheet: “(Phoshoko) accepted payment of the money in order to steal and destroy the docket involving (Mgingi).”
The men were arrested on November 23 last year and released on bail.
On the same day, an investigating officer obtained a search warrant of Phoshoko’s home and found another, unrelated docket. In that docket, Mzamo Gam was arrested for driving under the influence of alcohol. Gam was released on R500 bail and warned to appear in court in January last year.
The docket was sent to court, but it was never sent back to the Delft police station for investigation.
Phoshoko is out on R4 000 bail.
The two men were expected to plead to charges of contravening sections of the Prevention and Combating of Corrupt Activities Act, theft and defeating the ends of justice on Monday, but the case could not proceed because Mgingi’s lawyer was ill and Phoshoko had not yet consulted his lawyer.
The case was postponed to Wednesday.