The PublicService Commission recommended disciplinary action against Mr Simelane, but the charges were quietly dropped on his appointment as the NPA's boss in November 2009.
The Crown Prosecution Service says Mr McKinnon will not face charges in the UK. Director of Public Prosecutions Keir Starmer QC says the chances of a successful conviction are "not high".
It is necessary to expand the private and private-public sphere of charges for any crimes committed by representatives of the state and those in state service.