The Running Commentary

Shabir Shaik 1…..Prosecuting Authority 0

So, Shabir Shaik free again……Let’s just take a pause for a moment, before we get into conspiracy theory mode yet again. I hate the fact that this whole saga smacks of political meddling and helping out “old friends”. Convenient diagnosis of “terminal illness” and the like, but who do we really need to blame for this latest fiasco.

I place the blame at the prosecuting authority door. If there was a case, the arrest could only have been made based on a charge by an individual. The police cannot act to arrest someone based on a front page article. If this was the case, we would see many more people being arrested on a daily basis.

The only way the police could have acted to arrest Shabir Shaik, would have been to act on a charge being laid by a complainant. If the complainant did not remove the charge then the case is still open and will need to be investigated. One the investigation has taken place then one could proceed with further action in light of parole violations. If however, the charge has been withdrawn then the case is dropped, finished nothing more to come!

I know that some of the legal beagles out there will nit pick the way I have put this out, but from a layman’s point of view this is the basic process.

What is particularly concerning about the re-incarceration of Shabir Shaik, is if a case had in fact not be properly laid. This would be illegal and in fact could well jeopardise any further action. I would bet that Shabir Shaik’s attorney simply said, let my client go and re-arrest him if a case is properly formulated, otherwise we will proceed with further action ourselves. Oh and by the way beware of victimisation.

Game on prosecuting authorities, get your stuff together and formulate a proper charge, else you will continue to look like incompetent people. Today I award the infamous dung ball to the prosecuting authorities and hope to withdraw this in the coming weeks, should they sort this mess out.

BailcaseCrimeParoleProsecuting AuthorityShabir ShaikSouth Africa

Mike • March 17, 2011

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