'Arrest a bid to silence me on Lotz probe'
2 January 2008, 09:57
By Caryn Dolley
A former Western Cape police commissioner who now heads the private investigative firm at the heart of the city's so-called spy saga has been arrested, but says police have taken this step to "shut his mouth" and that the charges he faces "have no substance".
Neil van Heerden, 55, head of George Fivaz and Associates in Mossel Bay, was arrested at his home on Monday and appeared in the Mossel Bay magistrate's court on charges of fraud, forgery and contravening the Commissioner of Oaths Act. It is alleged he made a false statement under oath.
He was released on R2 000 bail the same day.
Van Heerden said on Tuesday he was "dumbfounded" at his arrest, although he had "felt it coming" after police searched his home nearly two weeks ago and confiscated stacks of documents.
On Monday, police seized a computer and two laptops.
"It's quite clear what they're doing. It's clear they want to shut my mouth about the (Inge) Lotz murder case."
Van Heerden filed fraud complaints against three police investigators of the murder of Lotz, a post-graduate student, in Stellenbosch, and the prosecutor in the trial of Lotz's boyfriend, Fred van der Vyver.
Van Heerden also called on the Independent Complaints Directorate to investigate whether information had been withheld from the court during Van der Vyver's trial.
Van der Vyver was acquitted of murder in November.
"It's part of my bail conditions not to speak to the media about it, but I'd rather go to jail than keep quiet because the media have a right to know what's going on," Van Heerden said.
He said the fraud charge he faced stemmed from a document he received from someone he hired to perform a polygraph test on Phillip du Toit, whom he had subcontracted to investigate councillor Badih Chaaban after being commissioned by the City of Cape Town to undertake such a probe.
It has since been alleged that Du Toit recorded conversations with councillors without their knowledge.
"I paid R800 for the polygraph test to be done and I signed the document with results that proved Du Toit didn't illegally record conversations with councillors. Call me stupid, but I can't see how or where I committed fraud."
Van Heerden said the claim that he had made a false statement under oath was "a joke".
"I gave the firm's office address in the statement, but we were't occupying the offices any more. We were supposed to move our stuff on October 31, but only did so on December 20. I gave the wrong address. But in my 37 years in the justice system I've never charged anyone for (doing) this or heard of (this) happening.
"I was handcuffed in my home and taken to court like that. For simple charges, I was treated like the biggest criminal. But I was waiting for this. They want to discredit me and my evidence before I testify (about the Lotz case)."
Van Heerden is expected in court again on Tuesday.
caryn.dolley@inl.co.za
A former Western Cape police commissioner who now heads the private investigative firm at the heart of the city's so-called spy saga has been arrested, but says police have taken this step to "shut his mouth" and that the charges he faces "have no substance".
Neil van Heerden, 55, head of George Fivaz and Associates in Mossel Bay, was arrested at his home on Monday and appeared in the Mossel Bay magistrate's court on charges of fraud, forgery and contravening the Commissioner of Oaths Act. It is alleged he made a false statement under oath.
He was released on R2 000 bail the same day.
Van Heerden said on Tuesday he was "dumbfounded" at his arrest, although he had "felt it coming" after police searched his home nearly two weeks ago and confiscated stacks of documents.
On Monday, police seized a computer and two laptops.
"It's quite clear what they're doing. It's clear they want to shut my mouth about the (Inge) Lotz murder case."
Van Heerden filed fraud complaints against three police investigators of the murder of Lotz, a post-graduate student, in Stellenbosch, and the prosecutor in the trial of Lotz's boyfriend, Fred van der Vyver.
Van Heerden also called on the Independent Complaints Directorate to investigate whether information had been withheld from the court during Van der Vyver's trial.
Van der Vyver was acquitted of murder in November.
"It's part of my bail conditions not to speak to the media about it, but I'd rather go to jail than keep quiet because the media have a right to know what's going on," Van Heerden said.
He said the fraud charge he faced stemmed from a document he received from someone he hired to perform a polygraph test on Phillip du Toit, whom he had subcontracted to investigate councillor Badih Chaaban after being commissioned by the City of Cape Town to undertake such a probe.
It has since been alleged that Du Toit recorded conversations with councillors without their knowledge.
"I paid R800 for the polygraph test to be done and I signed the document with results that proved Du Toit didn't illegally record conversations with councillors. Call me stupid, but I can't see how or where I committed fraud."
Van Heerden said the claim that he had made a false statement under oath was "a joke".
"I gave the firm's office address in the statement, but we were't occupying the offices any more. We were supposed to move our stuff on October 31, but only did so on December 20. I gave the wrong address. But in my 37 years in the justice system I've never charged anyone for (doing) this or heard of (this) happening.
"I was handcuffed in my home and taken to court like that. For simple charges, I was treated like the biggest criminal. But I was waiting for this. They want to discredit me and my evidence before I testify (about the Lotz case)."
Van Heerden is expected in court again on Tuesday.
caryn.dolley@inl.co.za
- This article was originally published on page 1 of The Cape Times on January 02, 2008
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