Pretoria - Former Durban Crime Intelligence Unit operative Captain Bongani Cele received a lifeline as magistrate Gerhard Van Wyk dismissed the State’s request to include two affidavits he made four years ago.
Cele, 49, appeared in the Commercial Crimes Court in Pretoria on Tuesday, accused of falsifying information to obtain permission to intercept cellphone calls in 2010.
The former captain is facing two charges relating to contravening the Regulation of Communication and Provision of Communication-Related Information Act as he allegedly falsified information to spy on two Sunday Times journalists.
The trial-within-a-trial emerged as Cele’s attorney, Zwelabantu Buthelezi, told the court there was a dispute between the State and the accused as to which statement was being referred to at the time and as such the affidavits could not be included in this matter.
Cele was said to have signed a warning statement in March 16, 2012, but disputes arose as to which statement was being referred to.
He was said to have lied to a judge to get an interception warrant by matching Sunday Times senior investigative journalists Mzilikazi wa Afrika and Stephan Hofstatter’s cellphone numbers, as well as that of then national police commissioner Bheki Cele’s with fictional names in an affidavit. The section 18 application was allegedly made for the interception of communication of outgoing and incoming calls, text messages, billing data and GPS locations during calls made to be provided. The court heard that the interception request was made under the guise that a syndicate was being investigated for charges of corruption, fraud and money laundering in KwaZulu-Natal.
SAPS Warrant Officer Edwin Paalo testified that the request for interception included five names, one of which had three numbers listed for interception.
Buthelezi told the court there were discrepancies in the interception request that were not picked up and that the accidental interception of wrong numbers was not uncommon.
When questioned by the defence, Paalo said the requirements for each number to be checked for the owner was not instituted at the time the request was made by Cele.
Second witness police investigator Major-General Charles Johnson also told the court that the original document regarding the matter, including Cele’s official laptop, had seemingly disappeared.
The case continues in November.
Pretoria News