Breytenbach considers malicious prosecution case against State
A court acquitted Glynnis Breytenbach and her attorney Gerhard Wagenaar on charges of contravention of the National Prosecuting Authority Act.
PRETORIA - Democratic Alliance (DA) Member of Parliament Glynnis Breytenbach says she is considering opening a case of malicious prosecution against the State.
The Pretoria North Magistrates Court on Wednesday acquitted Breytenbach and her attorney Gerhard Wagenaar on charges of contravention of the National Prosecuting Authority (NPA) Act.
The pair were accused of deleting official documents from her work laptop while she was employed at the NPA.
Breytenbach had been cleared of the same charges in an internal disciplinary hearing in 2013 but prosecutors charged her nevertheless.
In a disciplinary hearing, the burden of proof is measured on a balance of probabilities, while the bar is set much higher in a criminal matter, requiring the State to prove its case beyond a reasonable doubt.
Despite being cleared in a disciplinary hearing, Breytenbach was criminally charged on the same facts and evidence.
Breytenbach says she’s been vindicated.
“The magistrate was quite emphatic that the NPA had a very poor case and never proved it, so yes I never had any doubt about the case.”
She says while a malicious prosecution case will incur further costs, it is being considered.