Corrupt officials wiped criminal record of alleged hijacker Stuart Scharnick, says detective boss

The SA Police Service (SAPS) had discovered that corrupt officials “wiped” the criminal record of alleged hijacker Stuart Scharnick, the KwaZulu-Natal acting head of detectives, Major General Anthony Gopaul announced on Thursday.

The protection of Scharnick appeared to extend to the Director of Public Prosecutions in the region and the judiciary. Two dossiers would be given to the National Prosecuting Authority (NPA), Gopaul confirmed.

“During the process of profiling Mr Scharnick, we uncovered a number of issues. When we looked at the criminal record system, we found that someone had gone into it in January and had made some adjustments.”

Gopaul said that records relating to Scharnick’s arm-long rap sheet, which includes violent hijacking, car theft and assault GBH, were deleted.

However, Gopaul added, “The employee did not understand that the transactions still reflect on the back end.”

Gopaul said the police were trying to ascertain who the employee was, and promised, “We will hold that employee accountable.”

Sibiya link

The SAPS investigation was launched after the burly Scharnick, who is linked to the suspended deputy police commissioner, Shadrack Sibiya, this week lodged a charge of perjury against the Crime Intelligence head, Dumisani Khumalo.

Khumalo had testified to the Madlanga Commission that Sibiya had used a vehicle owned by Scharnick, who had faced 34 criminal charges. He was found guilty on 18 of the charges and acquitted on five, while 11 were withdrawn.

Scharnick hit back, saying Khumalo’s claims had “damaged my reputation” and “endangered” his family. He said Khumalo’s statement was “riddled with lies”.

Plea deals

Gopaul said investigators “physically perused every case and every document. We looked at 29 criminal case dockets, 18 counts in just one case.”

Ten of the 29 dockets were consolidated into a plea deal that Scharnick had entered with the courts. He was given a five-year suspended sentence and a R150,000 fine.

“Carjacking. We are talking about a violent crime done with force and aggressive emotions. There are eight such cases,” said Gopaul.

Scharnick’s dockets had become “centralised” at the Directorate for Priority Crime Investigation as cases had come from across KZN, including Hillcrest, Durban Central, Chatsworth, Malvern, Pinetown, Sydenham and Empangeni.

“We find in all of these cases there was a plea. The court will have to explain this plea. We are not sure what informed the court to enter into a plea with this particular accused,” said Gopaul.

He said the dockets offered “an understanding of organised crime” and that Scharnick had been responsible for the sale of hijacked and stolen vehicles.

“There are common actors who facilitate and enable organised crime to take place: the scrapyard, police clearance, the registration of the vehicle. There is a chain involved. There is compelling evidence to suggest more than what the plea was made out to be.”

Prosecutorial scope

The police were keen to learn what “scope” had been adopted by the prosecutor who had facilitated the plea deal and whether the magistrate “had all the information when handing down the sentence”.

Cases were withdrawn due to “insufficient” evidence, said Gopaul, while some cases had not been enrolled at all.  In some matters, the victims changed their statements afterwards. Charges of malicious damage to property and of discharging a firearm in a public place had resulted in findings of not guilty.

Guns

“He owns five firearms. We ask: How does a person with convictions acquire a firearms licence and for what purpose?”

Investigations revealed that Scharnick had made multiple applications for firearms but was turned down because he did not have the necessary competency certificates. His sixth application, for a shotgun licence, was approved in February 2023.

“All these firearms, you have to provide reasons. There is a clip of him on social media where he is brandishing a rifle. The posture suggests he is a security person,” said Gopaul.

“We are still digging into that investigation.”

The Director of Public Prosecutions (DPP), in KwaZulu-Natal, advocate Elaine Harrison, said she had “noted the media briefing done by Major General Anthony Gopaul today.

“The SAPS and NPA have been in collaboration regarding the dockets, which will be provided to the DPP for an investigation to be conducted and to determine the issues raised regarding the plea(s) taken, the cases withdrawn, and the matters not enrolled.”

[Source: Daily Maverick]