The head of detectives in KwaZulu-Natal, Major General Anthony Gopaul, has thrown the ball into the court of the National Prosecuting Authority (NPA) and the judiciary. He wants them to explain how Stuart James Scharnick, a self-confessed associate of General Shadrack Sibiya, got a slap on the wrist despite facing 29 serious cases of carjacking and hijacking, among others.
Gopaul says what is puzzling with the case of Scharnick is that all the cases were bungled together to package the plea bargain. Scharnick is a native of Richards Bay who is now based in Johannesburg.
Light sentence for 29 serious crimes
He was then given a light sentence to pay a fine over a period of five years.
Gopaul made these shocking revelations in Durban on Thursday. He has called for action to counter what he called reputational damage to the SAPS if it was left unchallenged.
The pushback sparked a media crusade by Scharnick. He said he was to sue General Dumisani Khumalofor damaging his reputation at the Madlanga commission. Khumalo is the head of crime intelligence.
He said they then reviewed the cases and made the discovery.
“So, … these dockets went to court. Like I say … I cannot pronounce on what legal position or mandate was undertaken and the process. I cannot prescribe or comment on it. It is something for the NPA to comment on as to how they arrived at pleas for so many of these cases.
“And you consolidate all these cases, you call it one case, and you give one sentence of five years suspended. And you say there is a fine that you can pay of R150 000 for over five years. I leave that to the NPA,” Gopaul said.
Links to organised crime syndicates
He added that they have prepared two dossiers for the NPA and the judiciary. These highlight what they have found when they profiled Scharnick and the role players, including organised crime syndicates.
“We are preparing two dossiers. One would go to the director of public prosecutions, where we are highlighting what [the] findings were, and to members of the media. I must tell you that I am giving you a summary of the findings. I have hinted to you that in the docket we see very clear actors and people in the organised crime [who are] part of syndicated crimes.
“So, we are referring this to the NPA to review what scope or role was undertaken by the prosecutor. Did he have the delegation to do that? Was that approved? And those types of things?
Magistracy judiciary commission
“And we also sent a separate dossier to the magistracy judiciary commission. For them to undertake an exercise to determine whether the magistrate was provided with all the relevant documentation when he accepted this plea from the actors. So, that is the part that we will leave to the judiciary system,” Gopaul added.
The cases took place in Durban North, Hillcrest, Empangeni, Chatsworth, Westville, Newlands East, Townhill, Sydenham, Pinetown, Malvern, Howick, and Richards Bay.
