/ 3 November 2009

Painful ping pong at Selebi trial

Tensions are running high in the trial of former police National Commissioner Jackie Selebi.

Chief state prosecutor Gerrie Nel’s re-examination of first witness and convicted drug-dealer Glenn Agliotti is a painful ping-pong match between the prosecution and defence.

No more than three questions were put to Agliotti at a time, without Selebi’s advocate, Jaap Cilliers, objecting, and accusing Nel of cross-examining his own witness.

When Nel read part of one of Agliotti’s affidavits to the court, which stated that he had tried to bribe Selebi in order to win a tender contract, Cilliers jumped up and accused Nel of ‘trying to create media atmosphere”.

Judge Meyer Joffe replied that a ‘media atmosphere is irrelevant. We decide here based on the evidence.”

Agliotti told the court he had been called to the Johannesburg morgue to identify the body of the late mining magnate Brett Kebble in September 2005, and while driving there was called by Selebi, who requested a sum of money. To this, Cilliers again objected, accusing Nel of bringing in ‘new evidence”.

Although there appeared to be no love lost between Nel and Cilliers, the courtroom was kept entertained with Nel’s rendition of a conversation that Agliotti allegedly had with Bulelani Ngcuka — the former director of the National Prosecuting Authority — when the two met on an aeroplane.

While on the flight, Agliotti allegedly bought perfume for Ngcuka’s wife and Mont Blanc pens for the couple. ‘Ah, fuck it,” Nel imitated Agliotti, ‘I’m like that; ask Jackie.”

Agliotti explained: ‘I was trying to show … I’m a generous person, I give presents. Whenever I fly first class I buy all the air hostesses presents.”

Following yet another objection by Cilliers, who accused Nel of questioning Agliotti on information read ‘out of context”, Nel told Joffe that, ‘Mr Cilliers is clearly wrong.”

Joffe then sat back, and said: ‘Don’t take umbrage with the objection. Let’s make progress. I know it’s not easy for you, it’s not easy for the accused, and it’s not easy for the witness. We must maintain calmness.”

The landlord?
On Monday, Agliotti testified that Selebi asked him whether he was the ”landlord” referred to in media reports.

Agliotti was responding to questions by Nel, who was re-examining Agliotti after Cilliers finished cross-examination on Monday morning.

The Scorpions used the pseudonym ”the landlord” in their Operation Bad Guys investigation into drug dealing, money laundering and corruption when referring to the syndicate’s alleged kingpin.

Although it’s never been stated clearly by the state, speculation has always been that Agliotti was ”the landlord”.

According to Agliotti, Selebi asked him whether he was ”the landlord” referred to in media reports.

”I obviously said to him: ‘No’. He asked whether I was owning the building [where drug-accused Steve Paparas allegedly warehoused his drugs]. That was his [Selebi’s] interpretation of the landlord.”

Agliotti insisted that he was not ”the landlord”, that according to him referred to an ”international drug dealer”.

”I was not the big international drug dealer. My participation in the Paparas matter was just as much as [security boss Clint] Nassif’s, yet he didn’t receive all the [media] exposure I did.”

Agliotti earlier explained to court that his advocate, Laurence Hodes, explained to him that his understanding of corruption was incorrect.

Asked to explain his understanding of corruption, Agliotti said: ”If I give you money, I expect something in return, something like a tender that’s gonna help or benefit me. That’s what I call bribery.”

Hodes, however, told him ”whatever the amount, big or small, being assisted in any way, constitutes bribery”.