Contradictory evidence at NPA hearing

Suspended NPA Prosecutor,Glynnis Breytenbach. Picture: Phill Magakoe

Suspended NPA Prosecutor,Glynnis Breytenbach. Picture: Phill Magakoe

Published Aug 6, 2012

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Pretoria - An NPA official testifying at suspended prosecutor Glynnis Breytenbach's disciplinary hearing on Monday contradicted evidence given by a colleague about a computer server crashing.

National Prosecuting Authority (NPA) systems administrator Eudele Swart (SUBS: CORR) said there had been no problems with the NPA's regional servers.

This included the server to which Breytenbach's laptop backed up data.

Earlier in the hearing, the acting senior manager of the NPA's integrity management unit, Hercules Wasserman, testified he needed access to Breytenbach's laptop, as the server had crashed.

Wasserman said he was unable to see the content of the files deleted from the laptop by checking backups on the server.

Swart said there had been a crash at the NPA head office, but as regional offices were not affected, it had always been possible to access Breytenbach's deleted files.

He said he was asked for the first time to restore the deleted files on July 26 - the fourth day of the disciplinary hearing.

Among the charges Breytenbach faces are gross insubordination and improper conduct for allegedly not handing her work laptop to the NPA, and for having information on it deleted.

Earlier on Monday, Swart told the hearing at the NPA's offices in Silverton, Pretoria, that he went to Breytenbach's office on April 30 to back up her laptop.

This was the day she was suspended as regional head of the NPA's specialised commercial crime unit.

Swart found Breytenbach's “forensics guy”, Philip Otto, at the office already making a duplicate of Breytenbach's hard drive. Swart said Breytenbach did not offer to give him a copy of the hard drive.

Earlier in the hearing, Breytenbach's counsel, Wim Trengove SC, suggested she had offered NPA officials a copy of the hard drive.

Swart said Otto took the laptop back to his office to delete Breytenbach's photographs and other personal data.

Breytenbach has pleaded not guilty to 16 charges. She has contended that acting National Director of Public Prosecutions Nomgcobo Jiba suspended her in an attempt to stop her from prosecuting former police crime intelligence boss Richard Mdluli on fraud and other charges.

The hearing continues with the NPA's fourth witness, Jaco Venter, a computer forensics expert contracted by the NPA to analyse files deleted from Breytenbach's laptop. - Sapa

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