Prosecutor, Hawks cop ‘rewarded’ with hunting trip to quash R6m fraud case

Senior state advocate Phuti Matabane, a captain in the Directorate for Priority Crime Investigation (Hawks) Lucky Thabethe, and Daniel Lessing appeared in the Johannesburg Magistrate’s Court on Friday after they were arrested on Thursday night.

Matabane has worked on prominent cases such as the Experian data leak matter, which saw IT technician Karabo Phungula convicted and sentenced to 15 years imprisonment.

The prosecutor now faces corruption charges relating to his decision to decline to prosecute a case of alleged fraud and theft, amounting to more than R6 million, against Lessing during his employment at waste management company Interwaste.

Following Matabane’s decision in May 2021, the company became suspicious and reported the matter to authorities.

A probe revealed the trio went on a hunting trip at a game reserve with a fourth person.

The trip allegedly cost R14,000, while Thabethe was allegedly given game meat.

State Prosecutor Vincent Mochabele read the investigating officer’s affidavit into the record: “The indications were that after the case was declined for prosecution, the two accused – together with the investigating officer [Thabete], and the prosecutor at the DPP’s office went on a hunting trip together on 4 to 6 June 2021.

“Further investigations led me to confirm that the hunting trip did take place, and all four persons were present at the game farm, and it was later confirmed that accused number one [Lessing] paid for the hunting trip and game meat was given to [Matabane and Thabete]."

According to Mochabele, the fourth suspect, who has not been named at this stage, is expected to turn state witness.

It further emerged that the investigating officer obtained the individual’s statement and obtained a section 205, which uncovered that would be revealed at a later stage in court.

Meanwhile, National Prosecuting Authority spokesperson Phindi Mjonondwane says while the accused are presumed innocent until proven guilty, the NPA remains committed to rooting out corruption within its ranks.

“As part of our strategy to eradicate corrupt elements within the NPA, we had to act swiftly and enroll this matter to be presented in court.”

The state did not oppose the release of the accused on bail but requested Magistrate Koos Pretorius to set it at R20,000.

Both Matabane and Thabete, who were represented by Dumisani Mabunda, said they could afford bail of R2,000 each. Lessing, who was represented by Zaheer O’Brien, said he had R3,000 available for his bail.

Delivering his bail judgement, Magistrate Pretorius said it appeared to him that the release of the accused would not jeopardise the function of the legal system given that, according to the investigating officer, the matter had been fully investigated.

He alluded to the seriousness of the charges, especially since it is against law enforcement officers.

Bail conditions direct the accused to report to their respective police stations in Sandton, Brekendowns, and Secunda twice a week.

The accused’s devices were confiscated, and the matter will return to court in March 2024.

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