The last day of testimony in the case of former spy boss Billy Masetlha in Pretoria on Friday ended with the defence applying to recall some of the witnesses who have already testified.
Although state prosecutor Matric Luphondo called the application by defence attorney Neil Tuchten ”premature”, he said he would notify the witnesses that the court might recall them.
The witnesses include Inspector General of Intelligence Zolile Ngcakani and Masetlha’s personal assistant, Nokuthula Motshwane.
Masetlha is charged under the Intelligence Services Oversight Act with withholding information from Ngcakani in his investigation into the surveillance of businessman Saki Macozoma.
Tuchten said the court needs clarity on whether the reports Ngcakani requested from Masetlha were received.
Masetlha testified in the Hatfield Community Court on Friday that he had sent the required information to the inspector general, but Ngcakani’s office has denied this, saying it has no recollection of receiving the requested report from Masetlha.
Masetlha explained that he met his bosses and support staff and briefed them about the request from the inspector general.
Ngcakani’s office requested reports and information including intelligence on Operation Avani and Fairwood on September 28 2005.
Masetlha said he felt that the request was urgent, so on September 30 2005, after his office had finished gathering and putting the information together, the report was dispatched to the inspector general’s office, even with extra information the inspector general had not asked for.
On October 11, the office of the inspector general sent a letter to Masetlha’s office reminding him of the information due to it. Masetlha said he never saw this letter until it was presented by the state in court.
Motshwane is to shed light on whether Masetlha did receive the letter.
Earlier in the day, Masetlha accused the state of malicious prosecution and playing games that were dragging out his case. This was after the prosecution was given a postponement to prepare for cross-examination.
”When you charge someone, you do your homework … it is not right that the prosecutor is not ready as he had all the records he needed,” he said, adding that this was putting a financial strain on him.
He added that justice delayed was justice denied.
The court heard on Thursday about how the former director general was struggling to make ends meet and that he had applied for funding from the state.
Masetlha also testified that he had told Ngcakani that he was allowing himself to be used in a trap by forces who were conspiring against him (Masetlha).
”The fact that he is part of a conspiracy [unknowingly] was a sad chapter as I told him who was behind all this. I was disappointed that he could not see through the forest,” Masetlha said as he explained their relationship.
The case was set down to continue from October 29 to November 2. — Sapa