Forensic investigator Paul O’Sullivan says claims that he bullied law enforcement officials are part of a broader attempt to discredit him for exposing corruption within South Africa’s criminal justice system.
Image: Pando Jikelo / Parliament
Forensic investigator Paul O’Sullivan has told Parliament that allegations he bullied prosecutors and police officials were part of a broader attempt to discredit him for exposing corruption within South Africa’s criminal justice system.
O’Sullivan made the remarks during testimony before Parliament’s ad hoc committee on Thursday.
He was responding to questions from ANC MP Xola Nqola, who labelled him a bully.
Nqola said several witnesses who had previously appeared before the committee had presented evidence regarding O’Sullivan’s conduct.
One example, he said, was a video clip played to the committee in which O’Sullivan appeared to threaten Parliament and its members.
The clip, taken from a previous interview with broadcaster eNCA, showed O’Sullivan referring to “those crooks in Parliament” and using the Irish phrase “póg mo thóin.”
O’Sullivan told the committee the phrase was an analogy.
According to him, “póg mo thóin” means “kiss my backside”.
Nqola also raised a second issue involving a message O’Sullivan allegedly sent to Cedrick Nkabinde, chief of staff to suspended police minister Senzo Mchunu, while Nkabinde was testifying before the committee.
“After you staged a walkout, General Phahlane reiterated that you have constantly sent him threatening and insulting messages,” Nqola said.
He also referred to testimony by former NPA prosecutor Michael Mashuga, who appeared before the committee regarding the Kameeldrift rhino poaching case.
The case was previously referenced in evidence by former IPID head Robert McBride, O’Sullivan and former acting national police commissioner Khomotso Phahlane.
Mashuga, who prosecuted the case, was authorised by National Director of Public Prosecutions Andy Mothibi to testify about the matter.
The case was withdrawn and never re-enrolled after it was struck off the roll nearly a decade ago.
The matter dates back to the 2014 arrest of a rhino-poaching syndicate allegedly involved in the killing of 22 rhinos and the theft of 84 horns, estimated to be worth R22 million.
Nqola said Mashuga had shown the committee numerous threatening and insulting messages allegedly sent by O’Sullivan when Mashuga was prosecuting a case against him.
O’Sullivan responded with a shrug when asked about the messages.
“I can’t explain,” he said.
Nqola insisted O’Sullivan’s conduct amounted to bullying.
“You just bully people and threaten them,” Nqola said.
According to the evidence presented to the committee, Nqola said O’Sullivan had threatened to send Mashuga to jail, pursue legal action against his wife, and force the auction of his home.
“You said you would buy that house at auction and sell it for profit,” Nqola said.
He then asked O’Sullivan, “Where do you get the authority to bully people like this?”
O’Sullivan said his conduct should be understood in the context of what he described as unlawful actions taken against him by police and prosecutors.
“It might be seen as bullying on my part, but it needs to be taken in the context of the unlawful conduct of those people against me,” he said.
O’Sullivan alleged that he had been dragged off a plane in front of his minor children, assaulted, detained and tortured for three days, and subjected to repeated raids on his offices.
He said he had been forced to stand trial in six cases he described as “trumped-up”, adding that he had been acquitted in four of them.
“I had to spend 88 days in court and 140 days preparing for those 88 days,” he said.
O’Sullivan also claimed he had moved his family abroad for their safety.
“I had to move my family to the other side of the world because people wanted to kill me, and that included police officers who were part of this conspiracy against me,” he said.
He argued that his actions were a response to what he described as misconduct by members of the criminal justice system during the era of state capture.
“If my conduct is seen as bullying, it was a response to the outrageous conduct of prosecutors and police officials who acted unlawfully as part of this state capture project,” he said.
O’Sullivan also claimed the criminal justice system remained compromised and said several cases he had opened were still not being investigated.
He pointed to the case against Khomotso Phahlane, who is currently on trial over allegations involving approximately R300 million.
Forensic fraud examiner Paul O'Sillivan returned to the Ad Hoc Committee on Thursday to complete his evidence, after a walkout last week.
Image: Image: Phando Jikelo / RSA Parliament
“If I hadn’t opened the case against him, he might have gotten away with it,” O’Sullivan said.
He said he had opened the case against Phahlane in February 2016, but by October 2016 no official investigation had been conducted.
“The only investigation that had been done was the one I carried out at my own expense and risk,” he said, adding that he had identified witnesses and collected statements because IPID was captured at the time.
“I’m sorry if some people see it as bullying,” O’Sullivan said.
“But the people who describe it that way fail to mention the unlawful conduct carried out against me and my family.”
Nqola responded that, regardless of the circumstances, threats and insults could not be justified.
“Even so, there is nothing that gives you the right to insult and threaten people,” he said.
He added that the committee had done nothing wrong.
“There is nothing wrong we have done as this committee,” Nqola said.
“There is nothing wrong Advocate Mashuga did, yet you sent him threatening emails.”
The committee continues.
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