Pretoria - Crime intelligence police officer Morris Tshabalala allegedly believed he was above the law, the Specialised Commercial Crimes court in Pretoria heard on Friday.
He bragged that there would be no consequences for his actions as he enjoyed protection from both the police management and politicians.
The brazen declarations allegedly made by Tshabalala, also known as “Captain KGB”, were revealed during his bail application. He was arrested on Tuesday when he reported to his parole officer.
Tshabalala, a convicted armed robber and confirmed intelligence officer with the Independent Police Investigative Directorate (Ipid), faces five counts of fraud, theft and corruption. He is accused of defrauding the unit’s secret service account.
SAPS HR documents which do not list Tshabalala’s conviction show that he joined the police as a reservist in 1996 and that he became a police spy in July 2001.
The documents showed that while he became an intelligence officer in 2001 he only began his training in 2003 and only received his security clearance in 2014.
Through an affidavit read in court by his defence, Tshabalala confirmed that he was employed in the crime intelligence secret agent programme, but declined to provide further details, stating that the information was classified.
The defence said he intended to plead not guilty to the fraud and corruption charges, and that he should be released on bail.
State advocate Chris Smith read out two affidavits from the investigating officer and Ipid national head Matthews Sesoko, asking that the court refuses Tshabalala’s bail bid.
He stated that the release of Tshabalala would endanger the life of the witness, and that he had already lied to the investigation officer that a key witness had died and he had even attended the funeral.
Smith said that as it stood, the accused had already evaded justice for 15 years after he failed to hand himself over when his appeal against his armed robbery conviction failed. “He did not disclose his conviction to the SAPS when he was enlisted in 2001.
The release of the accused will undermine public confidence in the criminal justice system,” he said.
Smith also revealed that Ipid and the inspector-general for intelligence were prompted into investigating the alleged misuse of R50million of crime intelligence funds during the ANC 2012 Mangaung national conference.
Tshabalala, during this time, was allegedly posted as head of an operation to conduct the intelligence work at the conference.
Tshabalala asked the court to file a supplementary affidavit to address several of the allegations Ipid made against him.
The matter was then postponed to Tuesday while he remains in custody at the Pretoria Central Police Station.