Police Crime Intelligence operational support boss Maj-Gen Feroz Khan has rebutted the state’s claim that he instructed officers to release business person Tariq Downes after his arrest.Khan, in court papers before the high court in Johannesburg, describes the criminal case as damaging to his reputation and argues the police allegation that he and Hawks Gauteng head Maj-Gen Ebrahim Kadwa had instructed Warrant Officer [Antonio] Abrahams to release Downes is false. Khan was arrested in May and charged in the criminal case related to Downes. He faces charges of breaching the Precious Metals Act and defeating the course of justice. Downes was arrested at OR Tambo International Airport on May 5 2021 for alleged possession of unwrought gold in contravention of the Precious Metals Act. Khan’s court papers give a first glimpse into Khan’s opposition to the criminal case he lambasts as causing harm to his 37 years of police service.When Downes was arrested, he alleged that he was an undercover operative. Police argue there is no record of Downes having been appointed on an undercover operation before the arrest. “[Khan] was arrested because of the allegation of him having been involved in defeating the ends of justice in that [Khan], together with General Kadwa, gave an unlawful instruction to WO Abrahams to release Tariq Downes, who was being arrested,” reads the affidavit of investigating officer WO Calvin Khorommbi before the high court.Khan disputes that he instructed Downes to be released. Khorommbi “downplays” that Downes was released by Abrahams, “who was the sole decision-maker on the ground”, Khan says. “I did not hold any authority to instruct Sgt Abrahams to release Mr Downes and did not do so. In fact, I never spoke to Sgt Abrahams.”After Downes was released, an inquiry was registered. Downes’ release and the identity of the person who made the decision are central to the criminal case, as the decision gave rise to the case of defeating the course of justice against Khan and Kadwa. The National Prosecuting Authority decided in February 2023 not to prosecute Downes. Khan argues the NPA’s decision was made independently, and not influenced by him, and therefore he cannot be accused of defeating the course of justice. “I held no sway over the DPP’s [deputy director of public prosecutions’] decision and did not attempt to influence the process.”DPP advocate Jacob Serepo, in a 2023 letter, attached as an annexe, said the decision to decline to prosecute Downes was taken after careful consideration and Khan’s submissions. “Please be advised that the decision to decline to prosecute Tariq Downes was taken after careful consideration of the letter submitted by Maj-Gen F Khan,” the letter reads.“As such, we are of the view that there are no good prospects of prosecution in this regard.” Khan argues that Kadwa instructed Abrahams to seize the gold, get full particulars of Downes and open an inquiry. “This permitted the director of public prosecutions to subsequently consider Mr Downes and to be able to call on him to answer the case against him and his jeweller,” the Khan affidavit reads. Kadwa has described the allegations against him in the Downes case as “unfounded”. In May, during Khan’s arrest, the police searched and seized, without a warrant, three cellphones, his personal firearm and ammunition, and an iPad. Khan is continuing with the legal challenge against the seizure and has now added the Madlanga commission as respondents in the litigation after police handed over his devices to the commission last week. In his application, he seeks:An interdict against the police and commission to be restrained from further dealing with any of his electronic devices.To set aside the commission’s notice that the police hand over his devices. A court order declaring the devices be returned to him. He contends the devices contain sensitive crime intelligence information, and if leaked, informants could be killed. “The electronic devices contain highly sensitive operational and intelligence-related information implicating broader institutional, operational and security considerations affecting persons not before court and whose safety and security are directly materially impacted.“Criminal cartels will surely kill informants if the information regarding undercover operatives were to be released unlawfully.”The matter has not yet been heard in court.