Paul O'Sullivan to sue state for R193-million for wrongful arrest

08 December 2017 - 14:00
By Graeme Hosken
Forensic consultant Paul O’Sullivan.
Image: eNCA Forensic consultant Paul O’Sullivan.

Renowned corruption buster and private forensic investigator Paul O’Sullivan is to take the police and senior government ministers to the cleaners.

He filed papers on Tuesday suing the State for R193.2-millon.

The suit centres around his arrest in 2016 when he was hauled off a London-bound flight at OR Tambo International airport by the Hawks. O’Sullivan‚ whose arrest was eventually thrown out of court‚ was arrested on a passport violation.

Legal papers served on the Police Minister reveal that the lawsuit is for O’Sullivan’s unlawful arrest‚ torture‚ kidnapping‚ intimidation‚ malicious prosecution and trauma which he suffered.

In the papers‚ O’Sullivan’s lawyers state that their client was detained in “sub-human and degrading conditions‚ having been dragged off a flight to London”.

They claim that the arrest was inconsistent‚ “with a minor passport violation‚ and intended to get O’Sullivan to a point where he would confess to crimes he had not committed‚ namely unlawful telephone intercepts‚ or at least explain how he had come by the intercepts”.

His lawyers also claim that his arrest was intended to punish him for opening various criminal cases against senior police‚ National Prosecuting Authority and State Owned Entity officials.

“It was intended to intimidate O’Sullivan or cause him to refrain from exposing corruption … and harass our client by abusing their respective powers as state officials … .

“The unlawful arrest and malicious prosecution of O’Sullivan will have an everlasting effect on the ability of our clients to generate income.”

The papers reveal that O’Sullivan is demanding that the State pay him R22.6-million for loss of income and R164.8-million for estimated future loss of income.

He is also demanding R5-million for pain and suffering and R700‚000 in legal fees.

The lawsuit is not the only one that O’Sullivan in bringing against the State.

O’Sullivan‚ speaking to TimesLIVE on Friday‚ said his demands were for the losses that both he and his company had suffered.

“We have all the evidence to prove the losses. Before the State started its hanky-panky‚ I was earning R10-million‚ with my business growing at 18% annually. When the State started its nonsense those earnings dropped to R4-million in 2016. Now it is R2-million‚ with my company’s growth having dramatically shrunk.”

He said his claim for now only dealt with his passport violation arrest.

“We will be supplementing this lawsuit with others when our damages become known.”

O’Sullivan said he is suing the State because of their abuse of State resources and taxpayers’ money in his persecution for doing his job of exposing corruption.

“The Public Finance Management Act makes it clear that any state employee who causes a loss to the state through wilful conduct can be held personally liable for these losses.

“We will ensure that all the dirty cops and prosecutors and the top brass of these institutions‚ who were involved in my persecution‚ are held jointly and severely liable with the State.”