Sibiya’s attorney: We’re going to sue the State

Shadrack Sibiya’s attorney says he intends suing the State for malicious prosecution.

FILE: The disciplinary hearing of Gauteng Hawks boss Shadrack Sibiya for his involvement in the 2010 rendition of several Zimbabweans started in Pretoria on 10 June 2015. Picrure: Reinart Toerien/EWN.

JOHANNESBURG - The National Prosecuting Authority (NPA) has denied that one of its prosecutors conceded in court that there was no case against former Gauteng Hawks Head Shadrack Sibiya and that he was instructed to pursue the matter.

Sibiya's attorney says he intends suing the State for malicious prosecution after the Johannesburg Magistrates Court acquitted the former top cop fraud charges on Thursday.

The charges stemmed from R24,000 worth of travel claims Sibiya submitted in 2012.

The NPA's Phindi Louw says the prosecutor in the Sibiya matter did not tell the magistrate that he believed there was no case against the accused and that the accused was acquitted after all the facts were presented to the court.

Attorney Victor Nkhwashu has a different version and says they are going to sue the State.

"The prosecutor informed the court that he noticed this deficiency in his case long before he decided to charge the accused and he intended not to charge the accused but he was instructed by his seniors to proceed with the prosecutions."

Nkhwashu says he is obtaining the court record as a matter of urgency to take the matter forward.