/ 17 February 2009

NPA: Selebi documents case postponed

The National Prosecuting Authority’s (NPA) court application to secure documents for its case against suspended police National Commissioner Jackie Selebi was postponed, NPA spokesperson Tlali Tlali said on Tuesday.

The NPA is in the process of securing documents it requires in the lead-up to Selebi’s court appearance in April and had sought intervention at the Randburg Magistrate’s Court.

Subpoenas were issued to secure the evidence, with Tuesday January 27 as the deadline but this was extended to February 17 after an agreement reached at the Randburg Magistrate’s Court last month.

”The matter will be postponed to a future date, possibly February 26,” Tlali said.

The subpoenas were in terms of Section 205 of the Criminal Procedure Act for the purposes of ”finalising outstanding aspects of the investigation” and can compel a person to provide information sought during an investigation.

”Based on deliberations the parties have had in this regard, an arrangement is in place in terms of which there will be a continuous assessment of progress on compliance with the subpoenas,” said Tlali.

”In the event there is cooperation by all witnesses to our satisfaction, we may not have to appear before court. However, if any one of the witnesses fails to cooperate, we will go to court for that witness to explain themselves before a magistrate,” he explained.

At the same time, Selebi has also launched an application to get documents that the Scorpions, the NPA’s investigative unit, are using to build their corruption and defeating the ends of justice allegations against him, so that he can prepare for his trial.

Selebi said in an affidavit that he believes evidence has been manipulated and manufactured against him as part of a plan to oppose the Scorpions’ shift into the police from the NPA. — Sapa