Breytenbach's nemesis on the hot seat

The contentious request by ICT was the focus of Glynnis Breytenbach's disciplinary hearing yesterday.

Suspended NPA prosecutor Glynnis Breytenbach is seen ahead of her disciplinary hearing in Pretoria on Wednesday 25, July 2012. Picture: Werner Beukes/SAPA

SILVERTON - It emerged on Tuesday there were two versions of a forged application for controversial Sishen prospecting rights.

The contentious application by politically-connected Imperial Crown Trading (ICT) was the central focus of prosecutor Glynnis Breytenbach's disciplinary hearing on Tuesday.

She was suspended in April 2012 because of her handling of the criminal case against ICT.

Breytenbach however insists she was side-lined to stop her prosecuting policeman Richard Mdluli.

At the heart of ICT's complaint against Breytenbach is that she was biased because she did not investigate its case against the Sishen Iron Ore Company.

Instead she chose to pursue a complaint against ICT - that it forged part of its application for the Sishen prospecting rights.

After a long day of questioning, ICT's lawyer, Ronnie Mendelow, confirmed there were in fact two versions of a forged title deed relating to the company's application for the Sishen mining rights.

Mendelow conceded that the second forged copy may well be the smoking gun, which showed ICT's involvement in forging the document.

Breytenbach's advocate, Wim Trengove, pursued the argument to show that the prosecutor was correct to investigate the charge against ICT and not to follow up a second complaint laid by ICT against its competitor Kumba Iron Ore Limited.

ICT's version is that a Kumba staff member tampered with the application to make it appear forged and that Breytenbach was biased by not investigating its complaint against Kumba.

Trengove said Breytenbach did not investigate the complaint laid against the Sishen Iron Ore Company, a subsidiary of Kumba, because it was "flimsy and absurd".

Mendelow is back on the stand today and is likely to be questioned further about dodgy documents and tampered applications.