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Breytenbach lawyers to argue for dismissal of charges as state wraps its case

Glynnis Breytenbach. File photo
Glynnis Breytenbach. File photo

The State has finalised its case against former commercial crimes prosecutor Glynnis Breytenbach‚ without the testimony of her arch nemesis — disgraced deputy national director of public prosecutions‚ Advocate Nomgcobo Jiba.

This after Breytenbach’s legal team insisted that the court needed to hear from Jiba regarding the circumstances leading to Breytenbach being disciplined by the National Prosecuting Authority.

 Breytenbach’s lawyer‚ Barry Roux‚ yesterday told the Pretoria High Court that he would be bring an application tomorrow for the charges against his client‚ and her former lawyer‚ Gerhard Wagenaar‚ to be dismissed.

Breytenbach and Wagenaar‚ appeared in court earlier today on charges of defeating the ends of justice and contravening the National Prosecuting Act.

She is accused of unlawfully deleting information from her official laptop in 2012‚ while she was employed by the National Prosecuting Authority.

 Wagenaar is accused of not handing over Breytenbach’s laptop during the investigation.

An internal NPA investigation cleared her of any wrongdoing.

Breytenbach‚ now a DA MP‚ alleges her suspension from the NPA was meant to protect controversial crime intelligence boss‚ Richard Mdluli. She was suspended in 2012 over her insistence that Mdluli be prosecuted for fraud and corruption.

The State has until March 27 to oppose the defence’s dismissal application with the matter set down for argument on March 31.

Last year the Pretoria High Court found Jiba and her colleague Lawrence Mrwebi unfit to practice and struck them from the national role of advocates.

This was mainly for the way they handled a fraud and corruption case against Mdluli.

Last month prosecutor Raymond Mathenjwa argued that it would not be in the interest of justice for Jiba to testify in Breytenbach’s trial.

The defence wanted her to testify over among other things‚ Breytenbach’s suspension letter.

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