Former prosecutions boss Vusi Pikoli testified on Tuesday he would not have withdrawn criminal charges against President Jacob Zuma if he was still heading the National Prosecuting Authority (NPA).
Pikoli was testifying at the corruption trial of former police national commissioner Jackie Selebi at the South Gauteng High Court.
He also accused Selebi of having an ”evil and cruel mind”.
Pikoli was questioned by Selebi’s council, Jaap Cilliers, about the alleged interference of Pikoli’s predecessor, Bulelani Ngcuka, in the work of the Scorpions.
According to Cilliers, acting NPA head Mokotedi Mpshe ”emphatically” stated in his announcement to withdraw the corruption charges against Zuma that Ngcuka still exerted ”strong influence” over the Scorpions after he left office in 2005.
Pikoli responded that he didn’t know what Mpshe based his statements on.
”Do you agree with what he said, with his view of the matter?” Cilliers asked, to which Pikoli answered: ”I would’ve arrived at a different conclusion. I would’ve admitted that there was improper conduct, but as to whether it went to the heart of the investigation, that is something I would’ve looked at differently.”
Mpshe withdrew the charges against Zuma in April after Zuma’s lawyer presented him with transcripts of intercepted conversations between Ngcuka and former Scorpions boss Leonard McCarthy, allegedly pointing to political interference in Zuma’s prosecution.
‘I wish you would refrain from repeating lies’
Pikoli and Cilliers were at loggerheads on Tuesday afternoon as Cilliers accused Pikoli of an ”ulterior motive that you and the DSO [Scorpions] had in dealing with the case against the accused”.
He was referring to the several indemnities that the NPA had given to people like Clinton Nassif and the three assassins who allegedly carried out the murder of Brett Kebble — Mikey Schultz, Faizel Smith and Nigel McGurk — in order to obtain information about Selebi.
Pikoli responded: ”I take offence to you saying there is an ulterior motive.”
Cilliers persisted, and said: ”The ulterior motive is further indicated by your conduct after the confrontation that the accused had with you.” Cilliers had earlier told the court that Selebi said he had summoned Pikoli to discuss the ethics of his wife’s shares in Vulisango, a company indirectly owned by the Kebbles.
A fuming Pikoli — who denied that such a meeting ever happened and claimed to have no knowledge that the company was related to the Kebbles — said: ”I wish you would refrain from repeating lies. You can say a thousand lies — I took an oath to tell the truth. The accused never confronted me on these allegations — It’s only the work of an evil and cruel mind that can concoct such things when they never happened.”
International intelligence agencies
Earlier, Pikoli told the South Gauteng High Court that the so-called international intelligence agency that trained the Scorpions also coached the police and National Intelligence Agency.
A visibly upset Pikoli responded to questions by Cilliers about the Scorpions’ alleged involvement with foreign intelligence agencies.
”For the DSO [the Scorpions] to be singled out — I find it unacceptable. The same Kroll agency that organised training for the DSO also provided training to the intelligence agency and the police. It was a government arrangement,” Pikoli told court.
Kroll is an international risk consulting firm based in New York.
During the 2005 Khampepe hearings into the future of the Scorpions, Selebi and former spy boss Billy Masetlha accused the Scorpions of being infiltrated by international intelligence agencies.
City Press reported at the time that Masetlha referred to Kroll by name in his written submission to the inquiry.
Cilliers also intimated that former Scorpion Robyn Plitt and Paul O’Sullivan, the former head of security at OR Tambo Airport, respectively worked for American and British intelligence agencies.
Pikoli said he had no knowledge of Plitt allegedly working for the Federal Bureau of Investigation (FBI). He did, however, confirm that Plitt resigned from the Scorpions and is now living in America.
Cilliers started questioning Pikoli on O’Sullivan’s role in the Selebi investigation before court adjourned for lunch.
According to Cilliers there was an ”enormous feud” between Selebi and O’Sullivan, a British citizen, during 2005 and 2006. O’Sullivan allegedly obtained statements for the Scorpions and even negotiated indemnities with witnesses.
Pikoli responded to this by saying: ”There are no laws prohibiting citizens or residents from assisting in criminal investigations. When some issues came up over Paul O’Sullivan, I told the [investigation] team in no uncertain terms I don’t want him involved in the investigation.”
Pikoli did credit O’Sullivan for providing the Scorpions with information that led to the arrest of alleged drug dealer Steve Paparas.