Batohi failed to do her job with due diligence: Ngcukaitobi

FILE | National Prosecuting Authority (NPA) head Shamila Batohi:

The legal counsel of suspended South Gauteng Director of Public Prosecutions (DPP) Andrew Chauke has accused outgoing National Prosecuting Authority (NPA) head Shamila Batohi of failing to do her job with due diligence.

Adv Thembeka Ngcukaitobi has referred to the 2010 murder case involving a South African Police Service (SAPS) member of the Cato Manor death squad, Warrant Officer Gonasagren Padayachee who was acquitted of murder.

He was accused of shooting dead 16-year-old Kwazi Ndlovu of Empangeni in KwaZulu Natal.

Ngcukaitobi accused the prosecution’s authority under Batohi of disregarding crucial evidence of racketeering and for denying the family of the deceased justice.

Batohi: “This particular case I was not aware of the ballistic report. Having been made aware, I would have certainly considered it because, on the basis of what has been written here today, witnesses should have been called to the trial.”

Nqcukaitobi:”This was one of the predicate cases and part of racketeering.”

Batohi: “But there was no evidence supporting the racketeering charges. That’s why the dockets were sent back for the DPP to have a look on each one of them.”

Nqcukaitobi: “You now say well, you are going to investigate further, take action because I can see that witnesses were not called. The problem is that, in all of that, is to regret after the event as you failed to do your job diligently at the time.”

Batohi: “That’s not correct because I was not aware of these dockets and reports, and now that I am, I will not ignore it.”