Cape Town - The family of assassinated Anti-Gang Unit detective Lieutenant-Colonel Charl Kinnear has once again been let down in getting justice for his murder after the Director of Public Prosecution (DPP) declined to prosecute in two cases referred to its offices concerning his assassination.
National Prosecuting Authority (NPA) spokesperson Eric Ntabazalila said the dockets were sent back to the Independent Police Investigative Directorate (Ipid) in order to conduct further investigations.
Ipid spokesperson Lizzy Suping confirmed the dockets were sent back to them.
“The Western Cape DPP declined to prosecute those implicated in Kinnear’s murder. Ipid is working with a senior counsel on the matter,” said Suping.
An Ipid investigation report into Kinnear’s murder believed to contain information of “matters of national security”, which was presented to the parliamentary portfolio committee on police (PCP) last May, made recommendations for criminal prosecution but to date, no arrests have yet been made.
It is unclear what became of the report, which further contains incriminating statements made under oath, and implicates a number of police officers alleged to be colluding with gangsters in the Western Cape.
Kinnear was shot dead outside his Bishop Lavis home on September 18, 2020.
He is said to have been closing in on alleged underworld boss Nafiz Modack, who is now facing a number of court cases and remains behind bars.
Kinnear’s widow Nicolette confirmed she was made aware that the DPP wouldn’t prosecute.
“I am aware that the matter is being taken on review and that they are conducting further investigations.
“This is just another delay tactic and they are jumping through hoops.
Meanwhile, officers who should be held accountable are leaving the SAPS and not being held accountable ...
“This was the main reason I had opened a culpable homicide docket that is being investigated, as well to bring to book those who were involved in the killing of my husband,” she said.
Kinnear, who called for the declassification of the report to expose corrupt police officers, said she became aware of a parallel investigation being conducted by the SAPS in November.
“In the portfolio committee meeting it was said that a SAPS general had been appointed and feedback was supposed to be given by November 25.
“But no feedback (has been) given yet. They went ahead and did their own investigation; there was a whole back and forth... Why when Ipid does an investigation did the SAPS only then conduct their own investigation?” Kinnear asked.
Enquiries to the provincial police commissioner Thembisile Patekile were referred to the SAPS’s media office.
Police did not respond by deadline on Thursday.
Anti-crime activist Zona Morton said the DPP declining to prosecute was another “cover up”.
“Another situation of a possible corrupt relationship between Ipid and the NPA and, above all, the words of (Police Minister Bheki Cele) ring out ‘no stone will be left unturned to find all the perpetrators in this murder’.
“Indeed the only stone that was turned was the massive stone to cover up this brutal assassination of one of the most decorated police officers. I am indeed shocked at this matter regarding the DPP declining to prosecute. As the report is now not going to be unclassified and no justice will be served for Kinnear,” said Morton.
Meanwhile, further details and findings of the Western Cape police ombudsman’s report that probed allegations of corrupt links between the police and gangs also still remain under wraps.
Premier Alan Winde confirmed “allegations are likely substantiated that the SAPS has been infiltrated at its highest levels by organised crime in the Western Cape”.
Western Cape High Court Judge Daniel Thulare had called for an investigation into corrupt links between the SAPS and gangs in the province.
Spokesperson in Winde’s office Regan Thaw said they would engage Ipid on the investigation into Kinnear’s murder, and the corrupt links noted by Judge Thulare.
“The premier stands ready to assist wherever he can to facilitate this entire process, given the serious nature of the issue,” Thaw said.
Thaw maintained that the ombudman’s report wouldn’t be publicly released due to the critical importance of protecting individuals’ lives involved in investigating organised crime.
Cape Times