The corruption trial of former top cop Jackie Selebi could be postponed for three to four months after a ruling by Judge Meyer Joffe to allow the former coordinator of intelligence, Barry Gilder, to testify.
After Joffe’s ruling in the state’s favour that Gilder may testify, albeit in camera, senior counsel Marumo Moerane, representing Gilder and Minister of State Security Siyabonga Cwele, objected to the evidence being led, saying that he would have to take further instructions from Cwele.
Moerane earlier told the court that intelligence legislation specifically excludes former intelligence operatives from disclosing ”any information to any person”.
Moerane asked for a postponement until next week Tuesday, when he will tell the court what Cwele’s approach is. He could decide to take Joffe’s ruling on review, which may lead to the postponement of the entire case for three to four months.
This, Selebi counsel Jaap Cilliers told the court, may lead to the state only closing its case in March or April next year. ”If the state then closes its case, they will only make available to us the 60 or so state witnesses [that were not called to testify] and I may ask for a further postponement to consult with them.”
Joffe called the matter a ”very unfortunate state of affairs” and asked both Cilliers and chief prosecutor Gerrie Nel to come to his chambers after court adjourned.
In his earlier ruling, Joffe dismissed concerns of Cwele and his director general, Jeff Maqetuka, that Gilder’s evidence about a draft intelligence estimate will compromise South Africa’s intelligence processes, methods or sources.
Drug dealer Glenn Agliotti earlier testified that Selebi allegedly showed him an intelligence document in which it was mentioned that the Kebble family paid Selebi.
The information found its way into a draft intelligence estimate, but Gilder subsequently apologised to Selebi and the information was excluded from the final estimate.