Booysen seeks to review 'same-again' prosecution
Publish date: 22 February 2016
Issue Number: 3935
Diary: Legalbrief Today
Category: Tenders
Johan Booysen, suspended head of the Hawks in KZN, was back in the High Court (Durban) on Friday facing exactly the same charges that were thrown out by the same court in 2014, says a Daily News report. Booysen and his defence attorney, Carl van der Merwe, made it clear that they would be challenging the decision to prosecute him and his co-accused on exactly the same charges that were dismissed in 2014. Booysen’s appearance follows the announcement on Wednesday by the NPA that the National Director of Public Prosecutions (NDPP), Advocate Shaun Abrahams, had issued new certificates authorising the prosecution of Booysen and 25 members of the now disbanded Cato Manor Organised Crime Unit. Booysen and the 25 men face a host of charges that range from corruption and racketeering through to murder and attempted murder. They have steadfastly denied the charges. State prosecutor, Advocate Raymond Mathenjwa, conceded on Friday that there was no new evidence, that the list of witnesses remained the same and that the charges were exactly the same as had previously been instituted against Booysen by former acting NDPP Nomgcobo Jiba in August 2012. Judge Shyam Gyanda postponed the case to 1 April to allow Van der Merwe, who is representing all the men, to bring an application to review the decision by Abrahams to prosecute. All the men are out on R5 000 bail each.