Forensic investigator Paul OSullivan. File picture: Boxer Ngwenya

Johannesburg - Forensic investigator Paul O’Sullivan has accused Radovan Krejcir’s legal team of fraud and vowed to fight back because they are after his cellphone records.

On Thursday the defence team of Krejcir and his five co-accused announced they were going to subpoena O’Sullivan, police commissioner General Riah Phiyega, Colonel Nkosana Ximba and crime intelligence boss Chris Ngcobo.

Advocate Modise Khoza appeared on behalf of the three police involved on Friday, but said he needed more time to respond to the subpoenas.

In an e-mail seen by The Star sent by O’Sullivan to BDK Attorneys, who are representing Krejcir, the investigator slammed the subpoena. In it, the defence have requested from the service provider all “itemised telephonic billing for all calls made and received” on O’Sullivan’s phone between June 23 and November 26 last year.

“Even a blind man can see that you do not have the requisite causa to subpoena Vodacom for my cellular phone records – if you continue then you are knowingly committing fraud,” he wrote. “In terms of our constitution, I have a right to privacy.” He went on to say that if they did not withdraw this clause, he would fight back through legal action of his own.

“Then, you will see for yourself the effect of pissing in an Irishman’s beer, just like (former police commissioner Jackie) Selebi did, and just like Krejcir did,” O’Sullivan’s e-mail said.

Krejcir and his co-accused appeared in the Johannesburg High Court, sitting in the Palm Ridge Magistrate’s Court on Friday as their kidnapping, attempted murder and drug dealing trial continued. Krejcir’s advocate Annelene van den Heever said they needed time to look over O’Sullivan’s official affidavit in response to the subpoena before addressing the court as to whether they were satisfied with it.

Krejcir’s co-accused are Desai Luphondo, Siboniso Miya and Hawks members Samuel “Saddam” Maruping, George Nthoroane and Jan Mafokeng.

It also emerged in court yesterday that Luphondo and the three Hawks had terminated the services of their advocates Andre Steenkamp and Riaan Gissing respectively.

It was not explained why this was so at the time of publication. The trial relates to an alleged kidnapping last June after a drug deal gone wrong.

It is alleged the accused nabbed the brother of a man because the brother disappeared with millions of rands worth of drugs that allegedly belonged to Krejcir.

Judge Colin Lamont postponed the trial until June 9 to allow whoever takes over from Steenkamp and Gissing to familiarise themselves with the case.

He said the delay was “unfortunate” but said it would also allow Khoza and Van den Heever time to prep arguments regarding the subpoenas.

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The Star