Breytenbach lawyer to question plaintiff

Suspended NPA prosecutor Glynnis Breytenbach is seen ahead of her disciplinary hearing in Pretoria on Wednesday 25, July 2012. Picture: Werner Beukes/SAPA
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SILVERTON - The disciplinary hearing of advocate Glynnis Breytenbach was on Tuesday told of emails from a mining house's legal team telling her how to draft a search warrant against a competitor.

The National Prosecuting Authority (NPA) in April suspended Breytenbach for alleged improper conduct in her handling of a mining rights matter between Imperial Crown Trading (ICT) and Kumba Iron Ore Limited. 

But she maintains it was to stop her prosecuting former head of crime intelligence Richard Mdluli.

ICT lawyer Ronnie Mendelow said Kumba’s lawyer Mike Hellens drafted documents for the Hawks, which was supported by Breytenbach.

“It is clear that advocate Hellens himself drafted the answering affidavit for police investigating officer Colonel Sandra van Wyk and emailed it to advocate Breytenbach, telling her where she must fill in things and what she should be doing.” 

Mendelow laid the initial charge against the prosecutor, who was at the time investigating Sishen Mine’s forgery and fraud complaint against the politically-connected ICT.

Defence advocate Wim Trengove said it was never disputed that Hellens drafted the affidavit, but said his client received input from the police and her clients.

The NPA claims that was improper conduct, but Breytenbach will argue otherwise.

Trengove is expected to start questioning Mendilow on Wednesday at the NPA’s offices in Silverton, Pretoria.

(Edited by Thato Motaung)