/ 14 October 2009

Selebi trial: State objects to video evidence

Another state witness appeared to contradict Glenn Agliotti’s testimony on Wednesday in the corruption trial of former police National Commissioner Jackie Selebi, while a video that defence believes critical to their case may be declared inadmissible.

The convicted drug trafficker faced a drilling from defence counsel Jaap Cilliers, who pointed out that Martin Flint, Agliotti’s former business partner, claimed to have had no knowledge that money paid from their Spring Light’s account — which Agliotti said had been set up for purposes of receiving money from Brett Kebble — was for ‘illegal or improper use”.

Agliotti said Flint’s claims were ‘not correct” and that he knew Selebi was the recipient of some of the payments.

‘I asked him to draw cash on several occasions and on a few I said it was for the accused.”

The discrepancy follows previous contradictions from Agliotti’s former fiancé, Diane Muller, and her denial that she was sometimes present when money was paid to Selebi.

But while the state’s case is being increasingly compromised by Agliotti’s unreliability as a witness, with his admission that he ‘sometimes lies”, Selebi’s defence team was sent into a spin earlier on Wednesday when the state objected to a video considered crucial to Selebi’s acquittal was argued as inadmissible.

State prosecutor Gerrie Nel said the footage was improperly obtained as Agliotti was under the impression the meeting, with NIA official Arthur Fraser, senior policeman Mulangi Mphego and others, was off the record.

The recording was made last year January and apparently shows Agliotti made contradictory statements to the NIA and the Scorpions.

Judge Meyer Joffe said the issue would be decided on Thursday morning. If the state has its way, the high-profile case could see a trial-within-a-trial over the admission of the video as evidence.

Meanwhile, the case continued with Cilliers asking Agliotti why he never thought to film himself bribing Selebi, with recording apparatus given to him by the DSO after he struck a plea bargain.

Agliotti maintained he was never asked to do so and did not think to do it himself.

When Cilliers expressed surprise that someone of his background didn’t think of it Agliotti retorted: ‘They were definitely not my friends, and why would I do that to someone who was my friend?” referring to Selebi.

But Cilliers theorised that Agliotti didn’t record such a meeting because ‘the accused would have reacted in such a way as to be astonished by your conduct and may have had you arrested”.