NPA Under Fire for Plead Deal with Stuart Scharnick

The National Prosecuting Authority (NPA) in KwaZulu-Natal is looking into how businessman Stuart James Scharnick, who was charged with seve...

The National Prosecuting Authority (NPA) in KwaZulu-Natal is looking into how businessman Stuart James Scharnick, who was charged with severe crimes such as carjacking and vehicle theft, received a fine along with a five-year suspended sentence.

During a media briefing organized by the office of Provincial Police Commissioner Lieutenant-General Nhlanhla Mkhwanazi on Thursday, Provincial Deputy Commissioner for Crime Detection Major-General Anthony Gopaul claimed that Scharnick was "handled with kid gloves" by the NPA during his court appearances on 18 charges, where he received "only a minor punishment."

Gopaul mentioned that their inquiry has shown that Scharnick agreed to a plea deal for his case, leading to a fine and a five-year suspended sentence.

He called this a surprising choice by the NPA, as the cases involve sentences ranging from 10 to 15 years in prison.

In her reply, Natasha Ramkisson-Kara, the NPA provincial spokesperson, mentioned that the situation is being looked into to address concerns regarding pleas, withdrawals, and cases that have not been registered.

The Director of Public Prosecutions in KwaZulu-Natal, Adv. Elaine Harrison, has acknowledged the media statement issued by Major General Anthony Gopaul. The SAPS and NPA have been working together on the cases, which will be handed over to the DPP for an investigation to address the concerns related to the pleas entered, the cases that were withdrawn, and the matters that were not registered.

"Consequently, no replies can be given at this time regarding the topics discussed during the briefing," stated the document.

Gopaul stated that a SAPS employee at the Criminal Records Register Centre in Pretoria is being probed after discoveries this year revealed that he entered the police database and erased Scharnick's criminal history, who is linked to the troubled deputy national police commissioner, Shadrack Sibiya.

Gopaul talked about criminal cases associated with Scharnick, who has initiated proceedings, including one related to obstructing the course of justice against the head of Crime Intelligence at the South African Police Service, Lieutenant-General Dumisani Khumalo, at the Pretoria Central police station.

Gopaul stated that following Scharnick's challenge to Khumalo's statement at the Madlanga Commission, it was revealed that Scharnick had a criminal history involving carjackings and vehicle thefts, prompting the police in the province to take action, as most of these incidents occurred in KwaZulu-Natal.

Khumalo informed the commission that Scharnick is "a repeat hijacker" and associated him with criminal organizations. Khumalo further stated that a Toyota double-cab bakkie driven by Sibiya was registered under Scharnick's name.

Gopaul mentioned that the police were surprised to find out that Scharnick's criminal records had been removed from the system by a staff member. He added that the employee likely did not know there was a backup record.

He also mentioned that he thought Scharnick was counting on that when he denied having a history of carjacking offenses.

"We found out that a particular employee had deleted Scharmick's records. Nevertheless, we located his criminal history and can assuredly tell the public that Scharnick was convicted of carjackings and theft," stated Gopaul.

In an interview with reporters outside the Pretoria Central police station on Wednesday, Scharnick mentioned that he has directed his legal team to take both criminal and civil measures against Khumalo.

"We must begin with the falsehoods he publicly stated, claiming I was convicted of 18 hijackings. I have never been found guilty of a single act of hijacking. I possess my records from the Local Criminal Record Centre (LCRC), and if General Khumalo had any intelligence, as the head of intelligence, he would have called the Local Criminal Record Centre, which maintains all case records," Scharnick mentioned.

willem.phungula@inl.co.za

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