A lawyer representing suspended prosecutor Glynnis Breytenbach tore into her employer, the National Prosecuting Authority (NPA), on Wednesday, saying the probe into her conduct went far beyond its mandate to “rustle up” charges.
Wim Trengove, SC, was cross-examining Hercules Wasserman, acting senior manager of the NPA’s integrity management unit, at Breytenbach’s disciplinary hearing in Pretoria.
Trengove asked Wasserman if his unit had done anything other than go through Breytenbach’s e-mails to investigate the complaint of Imperial Crown Trading (ICT) – lodged by Mendelow Jacobs Attorneys in December – relating to a mining company dispute.
Wasserman said they had not.
Breytenbach faces charges of gross insubordination and improper conduct. It is alleged she did not hand over her work laptop to the NPA and that she deleted information on it.
Wasserman told the hearing that when Breytenbach refused to hand over the laptop, he had reassured her that her personal information would be treated with sensitivity.
But Trengove said this had not happened. Instead, investigators had used personal information to draw up further charges.
This included using Breytenbach’s application for car finance in 2009 to draw up a charge of performing work outside the NPA.
In her application for car finance, Breytenbach listed under “other income” that she earned R4 000 a month for renting out a flat and stabling a horse. She allegedly let a flat and ran a horse stabling business.
“You were meant to be investigating the Mendelow (attorneys) complaint… and this document has nothing whatsoever to do with it,” Trengove said.
Wasserman conceded: “This did not have anything to do with the Mendelow complaint.”
Earlier, Trengove branded as “reckless and incriminating” Wasserman’s testimony that Breytenbach intentionally destroyed evidence on her laptop before returning it to the NPA.
Trengove noted that no files had been deleted from Breytenbach’s laptop before her suspension on April 30.
Also, a mirror copy of the hard drive had been made in the presence of two NPA officials.
Only then were e-mails of a “personal nature” deleted.
Breytenbach offered the officials a copy of the hard drive, which they declined, saying they could “retrieve the necessary information from the server”.
Trengove argued that Wasserman had no idea what was deleted from Breytenbach’s laptop. He asked if Wasserman would disagree if Trengove said the files had nothing to do with the issue at hand.
“It is a gross distortion of the truth to say she deleted evidence from her laptop,” Trengove said.
Wasserman’s investigation had followed a complaint by Mendelow Jacobs Attorneys on behalf of Imperial Crown Trading. The attorneys also filed a complaint against Mike Hellens, senior counsel for Kumba Iron Ore/Sishen.
The investigation related to Breytenbach’s handling of a dispute between Kumba Iron Ore/Sishen and ICT.
Wasserman has testified that a forensic report indicated that Breytenbach had deleted “evidence” from her laptop before handing it over to the NPA on May 2.
He said Breytenbach was also in breach of the NPA’s media policy as she leaked information to the media, bringing the NPA into disrepute.
Evidence in support of his allegations included e-mails between Breytenbach and Beeld news editor Sonja Carstens.
These e-mails indicated something other than a professional relationship and that created suspicion, he said.
When examined it was revealed that the contents of the e-mails included conversations about charities as well as “gossip” about NPA spokesman Mthunzi Mhaga’s Facebook status.
Wasserman said a forensic report indicated that 508 files had been deleted from Breytenbach’s laptop, but the contents of the files were not known. Only the name of one of the files, listed as Kumba, was known, he said.
He testified that Breytenbach had allegedly told an NPA employee on the day of her suspension that Carstens wanted to know if she (Breytenbach) would be suspended. She allegedly replied to Carstens by SMS in the presence of the NPA employee.
Breytenbach has pleaded not guilty to 15 charges which include improper conduct, gross dereliction of duty, conflict of interest and gross insubordination.
Trengove asked Wasserman why he did not contact Hellens about the alleged incriminating e-mails between Hellens and Breytenbach.
“Why did you not ask advocate Hellens about the role he played?” Trengove said.
“Nobody has ever asked him for his side of the story and he is suffering negative publicity because of that.”
Wasserman said he had been mandated to investigate the allegations against Breytenbach only as an employee of the NPA.
The case continues.
Pretoria News