The state has hit back at John Stratton’s attempt to prevent his extradition from Australia to stand trial alongside Glenn Agliotti for the murder of Brett Kebble.
Last month Stratton launched an urgent application in the high court in Pretoria to prevent the National Prosecuting Authority from lodging an extradition application with ÂAustralian authorities.
Stratton argued, among other things, that the extradition treaty between South Africa and Australia was invalid as it had not been signed by the proper authority, nor legally approved and gazetted into law.
It was also revealed that he was receiving treatment for prostate cancer. This week, prosecution lawyers filed answering papers that make it clear that Stratton is wanted in court, notwithstanding any illness.
Chief special investigator Andrew Leask said in his statement that the state ‘alleges and intends to prove that (at least) Agliotti and the applicant [Stratton] conspired to have Mr Kebble shot and killedâ€.
Leask said that because it was alleged that the two men conspired together, it was of ‘utmost importance†that they be tried together.
He said a delay in extradition would delay the trial of Agliotti and would not be in interests of justice.
In the main response to Stratton’s argument, justice department legal adviser Herman van Heerden argues that Stratton’s application should be dismissed as he has no standing to bring it, being neither in South Africa, nor a South African citizen.
Further, as the decision on extradition will be made in Australia, the South African court has no jurisdiction over the issue. Van Heerden also claims that then president Nelson Mandela legally authorised the minister of trade and industry to sign the treaty and that the agreement was correctly approved by the National Assembly and the National Council of Provinces.
The matter is set to be argued on April 5.