This was admitted to by Dr Torie Pretorius, head of the Priority Litigation Crimes Unit in the NPA, in a supplementary affidavit filed this week.
In it, he is opposing the stay of prosecution application brought by former apartheid era policeman Joao “Jan” Rodrigues.
The now 80-year-old Rodrigues is facing charges relating to the death of Ahmed Timol in 1971. The anti-apartheid activist allegedly fell to his death from the 10th floor of the notorious John Vorster Square in Joburg while in detention.
The Gauteng High Court, Pretoria, during the re-opening of the inquest last year, concluded that Timol did not commit suicide but was murdered.