NEWS & ANALYSIS

Paul O'Sullivan released from custody

Investigator had been detained by Major General Ntebo “Jan” Mabula outside AfriForum's offices

O'Sullivan released from custody

Pretoria - Forensic investigator Paul O'Sullivan was released from custody by order of the High Court in Pretoria late on Monday night.

Judge Francis Legodi ordered that the matter be struck off the roll. He reserved judgment on who would pay costs.

O’Sullivan was arrested outside Afriforum’s offices in Pretoria earlier, and taken to the Kameeldrift police station, where he was charged with offences including fraud, intimidation, and extortion.

His lawyers then went to the high court to seek an urgent order for police to release him, and to comply with an earlier order that, should they want to detain him, he be given 48 hours to present himself to a police station.

Legodi rejected prosecutor David Mtsweni’s request to amend the order to state that police could arrest O’Sullivan.

Quintus Pelser, for O’Sullivan, said police were in contempt of the order by arresting his client.

O’Sullivan’s legal adviser, advocate Sarah Jane Trent, was arrested and held over the weekend. Police officers armed with R5 rifles and dressed in tactical response gear drove her around for hours on Friday. She had no contact with her lawyers.

During O'Sullivan's arrest, AfriForum’s legal adviser Willie Spies read out a high court order to the arresting officer, controversial senior policeman Major General Ntebo “Jan” Mabula.

Spies said police were violating the order between Police Minister Nathi Nhleko, acting police commissioner Khomotso Phahlane, and Hawks boss General Berning Ntlemeza, not to arrest O'Sullivan, but grant him 48 hours’ notice to present himself to a police station.

Spies presented a copy of the high court order to Mabula.

Earlier on Monday, News24 reported Mabula had taken the lead in Phahlane’s fight back against police watchdog IPID, who is investigating him. O’Sullivan is also investigating Phahlane for alleged corruption.

Mabula has a history of being involved in politically-motivated arrests. He was a close ally of former police commissioner Jackie Selebi and former police crime intelligence head Richard Mdluli.

News24

Update:

O'Sullivan to bring urgent court application after arrest

Paul O'Sullivan is expected to bring an urgent application in the High Court in Pretoria on Monday night, to be released after he was arrested earlier.

His lawyers would ask the judge to enforce an earlier high order that police should not arrest him, but give him 48 hours to present himself to a police station, O’Sullivan’s legal adviser Sarah Jane Trent told News24.

He was being booked into the Kameeldrift police station at 20:00, she said.

O’Sullivan’s lawyer Willie Spies told News24 that 17 policemen in seven cars arrested him outside Afriforum’s offices in Pretoria and took him to the Kameeldrift police station.

It was unclear what O'Sullivan had been charged with, Spies said.

Trent was with him when he was arrested. She said she followed police to make sure he was being taken to Kameeldrift.

Trent was arrested and held over the weekend. Police officers armed with R5 rifles and dressed in tactical response gear drove her around for hours on Friday. She had no contact with her lawyers.

In a video taken during O'Sullivan's arrest, Spies is heard reading out a high court order to arresting officer, controversial senior policeman Major General Ntebo “Jan” Mabula.

Spies said police are breaking a high court order between Police Minister Nathi Nhleko, acting police commissioner Khomotso Phahlane, and Hawks boss General Berning Ntlemeza, not to arrest O'Sullivan but grant him 48 hours’ notice to present himself to a police station.

Police spokesperson Brigadier Sally de Beer could not immediately be reached for comment.

News24