Scorpions prosecutor Gerrie Nel questioned how police national commissioner Jackie Selebi’s lawyers came into possession of a DVD only declassified recently, the Johannesburg High Court heard on Tuesday.
Selebi’s trial began with an application by the State for a postponement — at best for two months, and at worst until next year, to deal with outstanding matters such as a Supreme Court of Appeal application and for further investigation relating to outstanding documents.
Nel raised the issue of the DVD as an example of what they had wanted to see, even though it had already been leaked to the media and made available to Selebi.
The DVD is allegedly of Selebi’s friend Glenn Agliotti recanting a statement implicating the police commissioner in alleged activities on which the State had based its corruption and defeating the ends of justice case against Selebi.
It was filmed with acting divisional police commissioner for crime intelligence Mulangi Mphego present, as well as National Intelligence Agency director general Manala Manzini and department colleague Arthur Fraser, the court heard.
Nel said the contents of this then became part of Selebi’s application last year for the trial to be stopped.
He said the leak definitely did not come from the NPA and the fact that Selebi’s lawyers had the information suggested there was communication between police members and their boss, who is on leave until the case is concluded.
He said they had the impression that Selebi was somehow involved in the initial difficulties they faced in getting information from police witnesses.
However, a new mood of cooperation had set in, and Nel said he hoped to have everything he needed finalised in about two months.
Selebi faces two charges of corruption and one of defeating the ends of justice relating to payments he allegedly received from slain mining entrepreneur Brett Kebble and his associate Agliotti.
He is currently on paid leave.
In recently filed court papers, Selebi said there had been a conspiracy to remove him from his position. This had occurred in the fall-out from the decision to place the NPA’s investigative unit, the Scorpions, under the administration of the police, instead of the Justice Department.
The investigation into Selebi started in January 2006. — Sapa