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THE SMART NEWS SOURCE | Feb 11 2012 00:25 | LAST UPDATED Feb 11 2012 00:25 |
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The Scorpions insist that they do not have to hand over everything Jackie Selebi's lawyers claim they need to defend the national police chief. Scorpions prosecutor Gerrie Nel, at the Johannesburg High Court on Thursday, said they had been asked only for "further particulars" in terms of section 87 of the Criminal Procedure Act (CPA). Selebi's lawyers were free to consult any of their witnesses if the witnesses agreed, he replied to Selebi's complaints that the Scorpions were booking witnesses they wanted to question. Nel continued that there was no law that compelled the Scorpions to take affidavits from witnesses before a trial, in response to a complaint that Selebi couldn't get affidavits to test witnesses' credibility. He disputed Selebi lawyer Jaap Cilliers's claims that the Scorpions had not provided statements from 11 key witnesses, saying that in fact only two were still outstanding. They also did not have to hand over the original search-and-arrest warrant issued against Selebi, as one was cancelled and the other had lapsed, and so none of his rights were infringed. Selebi has made an application for documents and evidence to be handed over so that he can prepare for his trial, which begins on April 14. The application is in terms of section 87 of the CPA and sections of the Constitution that guarantee the right to a fair trial. Selebi has complained that withholding these items renders him unable to prepare adequately.  CONTINUES BELOW Nel said it was an abuse of the system to bring the application under those sections and that the Scorpions are obliged to provide a charge sheet. Section 87 deals with particulars that are to be attached to a charge sheet. However, Judge Nico Coetzee politely asked Nel several times why the Scorpions did not just hand over information so that no time was wasted during the trial. On Wednesday, Selebi's lawyer told the court that the national police commissioner was being framed. "The accused is being framed," Cilliers said. The state alleges that convicted drug trafficker Glenn Agliotti, murdered mining entrepreneur Brett Kebble and former Hyundai boss and mining entrepreneur Billy Rautenbach and other "relevant corporate entities" made corrupt payments to Selebi between January 1 2000 and December 31 2005. "The main state witnesses ... their jobs were the framing of people," Cilliers told the court on Wednesday. He submitted that, by their own admission, Agliotti and Clinton Nassif framed and "knocked" people. Cilliers explained that knocking was when people drew money from an account, ostensibly to pay a bribe, but instead kept the money for themselves. -- Sapa TOPICS IN THIS ARTICLE
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