Hawks, AGU former commander implicated in Charl Kinnear murder

Nicolette Kinnear, widow of slain detective Charl Kinnear, after an Independent Police Investigative Directorate briefing at Parliament. Photographer: Ayanda Ndamane / Independent Newspapers

Nicolette Kinnear, widow of slain detective Charl Kinnear, after an Independent Police Investigative Directorate briefing at Parliament. Photographer: Ayanda Ndamane / Independent Newspapers

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Cape Town - High ranking persons of the Hawks and a former commander of the AntiGang Unit (AGU) are among several senior police officers implicated in the murder of Lieutenant-Colonel Charl Kinnear.

Independent Police Investigative Directorate (Ipid) executive director, Dikeledi Jennifer Ntlatseng, hosted a briefing yesterday, announcing the declassification of Ipid’s “Top Secret” Investigation Report into the implicated police officers and their role in the detective’s murder.

According to IPID, the officers were implicated either through their actions or inactions. An inaction by a police officer would be regarded as misconduct by the Saps Regulations.

Kinnear was a section commander in the AGU and was murdered outside of his Bishop Lavis residence, on September 18, 2020.

Midway through the media briefing at Parliament yesterday, his widow, Nicolette Kinnear, entered the room and sat down.

Speaking to members of the media after the briefing, she said: “Firstly, I want to express my disgust at how Ipid handled it. We as a family were not informed about the briefing.”

She said she has applied three times to have the report declassified.

“The declassification should have been done months ago… I still maintain that the document was classified when I opened up a culpable homicide docket, which was against all officers implicated within that document.

“So I believe the document was classified to protect those nine officers,” Kinnear said.

“And whilst protecting the document within Parliament, they were side tracked and lost count that we had a criminal case running in court and now witnesses were on the bench or in the box and they were naming names…

“So yet again, the State was left with egg on their faces. They were humiliated because they tried to protect each other by keeping the document classified.”

She questioned why after four years, this was being done and no actions taken against the implicated officers.

Ipid assumed the investigation in 2021 and in 2022, classified the investigation report.

“..we had to protect sensitive information of witnesses and the information of the implicated officers at the time because they were not yet charged… the department also had to ensure that it protects itself from being exposed to unnecessary litigation,” Ntlatseng said.

“I am also satisfied that we have made significant progress on this matter through our investigation. To date, Ipid has made criminal referrals to the DPP (Director of Public Prosecutions) for prosecutions and disciplinary recommendations against the implicated officers to Saps and the DPCI as employers. Saps has confirmed that they have initiated the disciplinary process of their officers identified in the report, as per the recommendations.”

Regarding the criminal sanctions against the officers, she said Ipid would continue to engage with DPP so as to review the initial decision not to prosecute.

Stephens Ramafoko, Ipid chief director of legal services, said the declassification of the report was done on November 1.

While the report is declassified, the application of the Promotion of Access to Information Act still applies.

Ipid’s Mario September, lead investigator in the Kinnear murder case and deputy provincial head in the Western Cape, said the report does not include any redacted information.

Of the nine officers implicated, seven were from Saps while two were from the Hawks.

Hawks members that were implicated are based at Crimes Against the State, he said.

“The rank is a major-general and the other was a warrant officer. With regards to the Saps members, there’s quite a few, the most senior is the former commander of AGU, he had the rank of a major-general,” he said.

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Cape Argus