The Scorpions investigation into Brett Kebble’s murder is shifting focus from Glenn Agliotti as the main target to Clinton Nassif, the mining magnate’s security consultant.
Nassif’s house in southern Johannesburg was among the premises raided countrywide by Scorpions investigators this week — even though Nassif’s status has been that of cooperating witness.
Three well-placed sources with knowledge of the Scorpions investigation, dubbed Project Bad Guys, this week said it appeared that Nassif had lost this status or was about to lose it, meaning he was likely to be prosecuted for his alleged role in the mining magnate’s murder. Nassif’s lawyer, Marius du Toit, did not return calls on Thursday.
Project Bad Guys is the investigation into Kebble’s murder and the organised crime syndicate that Kebble had become involved with. It was members of the same syndicate, including Agliotti and Nassif, who allegedly planned the murder.
Nassif turned state witness after he was arrested last October on an unrelated insurance fraud charge. He was given a ‘Section 204†deal by the National Prosecuting Authority (NPA). Under this section of the Criminal Procedure Act, suspects may be offered indemnity on condition that they testify truthfully against their accomplices.
Nassif appears to have been the first fallen ‘domino†that allowed the Scorpions to work their way towards the actual hitmen, Mickey Schultz, Nigel McGurk and Faizel Smith, and Nassif’s alleged co-conspirators in the murder — Agliotti and former Kebble associate John Stratton.
Agliotti, a friend of police National Commissioner Jackie Selebi, was arrested and charged with murder in November. The NPA has initiated attempts to have Stratton extradited from Australia, where he lives. Schultz, McGurk and Smith controversially got Section 204 deals.
The Mail & Guardian‘s sources claim that Scorpions investigators have concluded that Nassif was not telling them the full truth, and that he was Agliotti’s senior in the syndicate. According to one version, the NPA formally withdrew Nassif’s Section 204 status this week.
Agliotti, on the other hand, has finalised a plea-bargain deal with the NPA. The first indication that he was cooperating was when he was granted bail under house arrest in December — after admitting to playing a role in what he termed Kebble’s ‘assisted suicideâ€.
Two of the M&G‘s sources said their understanding was that the NPA has since reached a plea bargain with Agliotti that would let him off lightly: in return for his guilty plea on the murder and testimony on a range of other crimes, he would be handed a 10-year sentence involving no time in prison — it would be suspended or spent under correctional supervision.
Agliotti’s full cooperation may be useful to the Scorpions in breaking the wider crime syndicate, and may also provide answers to one of the central questions in the investigation: whether Selebi’s connection to Agliotti and others close to the syndicate meant the police chief was involved in crime. Selebi has denied all allegations.
An associate of Agliotti told the M&G this week that he knew that the Scorpions were asking about money flows to Selebi, but that ‘I don’t know what Glenn told themâ€.
Agliotti’s cooperation, however, has created a dilemma for the NPA. With Nassif, the three hitmen and Agliotti all having been given deals — and with Stratton unlikely to be extradited because of a formidable legal challenge and his bad state of health — who could be put on trial for one of the most sensational murders in recent criminal history?
Nassif’s alleged reneging on his part of the bargain — to tell all truthfully — and the NPA’s cancellation of the deal may have brought welcome relief.