Judge Meyer Joffe of the Johannesburg High Court has ruled that police national commissioner Jackie Selebi’s case be postponed to May 4 so that the state and defence can deal with outstanding matters.
The court had anticipated proceeding with the charges of corruption and defeating the ends of justice against Selebi, but the state requested a postponement.
It initially asked for a postponement until the first term of 2010, saying it believes it has a ”reasonable chance of success” if it gets the postponement.
The state also indicated that it would need at least two months to finalise outstanding affidavits and further investigations. Believing that a postponement to January would be a luxury, Joffe postponed the case to May.
Selebi is expected to serve an answering affidavit by April 17 and, if needed, the director of public prosecutions should serve a replying affidavit by April 21.
Earlier on Tuesday Scorpion’s prosecutor Gerrie Nel raised the issue of a DVD that had been leaked to the media but was not seen by the NPA. 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.
Nel said the contents of the DVD then became part of Selebi’s application last year for the trial to be stopped
On leaving the court, Selebi was asked whether he was disappointed by the delay. ”Very … very,” said Selebi.
National Prosecuting Authority spokesperson Tlali Tlali said the NPA believes that ”to do justice it must be done 100%”, and it wants to be completely ready.
”Given the circumstances, we say it was a fair outcome”.
He said the judge employed a balancing approach to the matter and that the NPA hopes the South African Police Service will cooperate.