Advocate Shamila Batohi came under intense cross-examination on Friday in Pretoria. This was at the Nkabinde Commission, which is probing the fitness of Advocate Andrew Chauke to hold the office of Director of Public Prosecutions, South Gauteng.
In a cross-examination led by Advocate Tembeka Ngcukaitobi, who is representing the suspended Chauke, Batohi revealed that she did not think a murder case of Kwazi Ndlovu would be relevant in the inquiry.
During the proceedings, Ngcukaitobi challenged Batohi on her repeated reference to a single prosecution that resulted in an acquittal, the case concerning the killing of 16-year-old Ndlovu in Esikhawini, KwaZulu-Natal.
Acquittal fraught with serious accusations
Ngcukaitobi drew Batohi’s attention to a statement made by the late teenager’s mother, Lindiwe Ndlovu. She alleged serious misconduct by the prosecutor in the case involving Warrant Officer Gonasagren Padayachee, the man accused of killing her son.
According to Ngcukaitobi, Batohi had cited the Ndlovu matter as the only case that ended in an acquittal.
“Why was it singled out? Is it to prove that you were right? Is it because it supports your thesis?” he asked.
“It is because it is a fact; you can make what you want with that,” Batohi replied.
“What you didn’t disclose is that the mother of the boy complained bitterly about the conduct of the prosecutor in suppressing the evidence. Do you remember that complaint?” Ngcukaitobi further asked.
“I cannot recall one specifically about this matter,” Batohi replied.
Conceded to withholding evidence
After continued questioning, however, Batohi shifted her stance.
“I think you are right,” she conceded.
“I did not mean to withhold evidence; it is just something that I never thought of. And I have nothing to hide with that, it is not non-disclosure.”
Ngcukaitobi challenged the credibility of her explanation.
“The problem with that statement is that yesterday you were going on about justice for victims. You repeatedly mentioned that the only case that was prosecuted resulted in an acquittal.
“Any sensible person would expect that a complete picture would oblige you to disclose that there were complaints about this case. Why was it not brought to the attention of the panel?”
“The matter was dealt with. And it did not occur to me at that time that it would be relevant in this context,” Batohi responded.
The inquiry adjourned until Monday.
READ MORE: Advocate Tembeka Ngcukaitobi accuses NPA boss Shamila Batohi of lying
