NOT IN THE PUBLIC INTEREST?????
Charges of fraud and corruption against Civil Aviation Authority head Trevor Abrahams were withdrawn after it was found that it might not be in the public interest to prosecute him, the office of the national director of public prosecutions (NDPP) said on Thursday.
Spokesperson Sipho Ngwema said Abrahams' defence team had made representations to the NDPP.
The NDPP had examined the evidence thoroughly and consulted the head of the office for serious economic offences.
"With the representations in mind, it was decided it was not necessarily in the public interest to proceed with the prosecution of Mr Abrahams," Ngwema said. The charges against Abrahams were withdrawn in the Pretoria commercial crimes court earlier on Thursday.
Abrahams asked to be relieved of his duties in those positions after his arrest in June last year, along with a number of pilots and other CAA officials, on charges of fraud and corruption related to the alleged buying and selling of pilot's licence examination papers.
He subsequently wrote a letter to the board of the CAA, asking to be relieved of his duties as CEO, pending the outcome of the court case.
He made a similar request to Transport Minister Dullah Omar, regarding his position as commissioner of civil aviation, and was subsequently suspended from both posts.
Abrahams said on Thursday he would ask for his suspension to be lifted.
"I am very happy this has come to an end."
The withdrawal of the charges had confirmed what he and his legal team had been arguing all along, he said, that there was no basis for the charges.
He would also consult his lawyers about possible legal steps against the state for his arrest.
"Clearly there was unwarranted action on their part."
Abrahams said he was not given any reason whatsoever for the withdrawal.
The transport minister would make a statement later on Thursday regarding Abrahams's reinstatement as commissioner of civil aviation, said Mike Mabasa, a ministry spokesperson. - Sapa
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Transport Minister Dullah Omar on Thursday said he was seriously concerned about the arrest of Civil Aviation Authority chief executive officer Trevor Abrahams.
"The question arises why such a highly placed person... was arrested on such serious charges without there being available any kind of credible evidence indicating possible collusion or guilt," Omar said in Pretoria.
He would raise the matter with the ministers of justice and of safety and security.
"I will ask for the circumstances of the arrest, why the arrest took place, who ordered the arrest, the way the investigations have been conducted over many months and the interaction with a certain Afrikaans newspaper to be investigated in a transparent manner."
Charges of fraud and corruption related to the buying and selling of pilot's licence examination papers were withdrawn against Abrahams in the Commercial Crimes Court in Pretoria on Thursday morning.
He was arrested along with more CAA officials and a number of pilots in June last year.
Omar said the charges were very serious, and the investigation dragged on for over eight months.
"As the investigation proceeded, it became clear that there was no case against Mr Abrahams in respect of those charges, which then fell away.
"However, the investigating officer pursued further wide-ranging investigations to ascertain whether other crimes had been committed - giving the impression of a fishing expedition in a desperate bid to get some or other charge to stick."
Omar pointed out that prior to his arrest, Abrahams had helped to set up an enquiry into pilot licence fraud.
"He... had in fact requested the Commissioner of Police and the National Director of Public Prosecution to assist in the enquiry."
The NDPP had appointed a member of his office to assist, but Abrahams was arrested two days before that person could start. Neither the commissioner nor the NDPP knew anything about the arrest, and were surprised to hear about it, Omar said.
"It appears that Abrahams, as chief executive officer of the CAA and Commissioner of Civil Aviation, had been involved in some kind of stand-off with police airwings, who at the time refused to submit themselves to the jurisdiction of the CAA.
"I am mindful of the fact that the arrest of ... Mr Abrahams must have resulted in terrible humiliation, anguish and suffering for himself and his family.
"For a person holding such a high position, the arrest and allegations undoubtedly caused considerable damage to his good name and reputation."
Omar said one would expect at least some credible evidence to exist before such a person was arrested. That did not mean that highly placed people were entitled to special treatment.
Police were entitled to act in the case of any person who had committed a crime or when there was prima facie evidence that he/she had done so.
Omar reinstated Abrahams as commissioner of civil aviation with immediate effect.
He said the board of the CAA was also considering reinstating Abrahams as its CEO, in the light of the withdrawal of the charges.
The CAA last year set up an independent panel to probe the allegations of pilot's licence fraud. In August, more than a month after the arrests, it said it had found the claims to be unsubstantiated.
It did, however, find that Abrahams' South African private pilot's licence included an instrument rating which was issued irregularly.
He had undergone the flight test, but not the theoretical examination required.
Abrahams had allegedly once undertaken a flight for which an instrument rating was required before the irregularity was corrected.
It was also found that his commercial pilot's licence issued by the Federal Aviation Authority in the United States had incorrectly indicated that he had a twin-engine rating, while in fact he had a single-engine rating. The FAA later corrected the rating.
Abrahams never flew commercially in South Africa.
The panel recommended that the CAA board should reprimand Abrahams or take steps it deemed necessary against him. At the time, the board said it would wait for the outcome of the court case.
This was also its attitude when a review panel concluded in January this year that Abrahams had breached aviation regulations by delaying reporting a landing incident involving a plane he was piloting.
According to Abrahams the aircraft, which had four passengers, veered violently to the left on landing at the Rand Airport in July 1999, and two tyres were punctured when he braked sharply. He said he only reported it the next morning, as there were no personnel on duty at the airport.
Asked on Thursday whether these findings would have any influence on Abrahams' position as commissioner, Omar said he expected the CAA board to deal with the matter.
According to Abrahams, the board was expected to meet on Thursday night. - Sapa