The corruption trial of former top cop Jackie Selebi was on Tuesday postponed until February 1 2010.
This comes after Judge Meyer Joffe refused to grant the country’s spy bosses leave to appeal his decision that former intelligence coordinator Barry Gilder should testify for the state.
Joffe said he was ”reluctant” to postpone the trial, but received guarantees from the state and defence that efforts will be made to let the trial continue on that day.
Earlier, Selebi’s counsel, Jaap Cilliers, told the court he will have to ask for another two-month postponement on that day if the state does not tell him which witnesses it won’t be using.
The spy bosses will now petition the Supreme Court of Appeal (SCA) in a last effort to keep Gilder out of the witness box.
Joffe ruled on Tuesday that legal counsel for Gilder, State Security Minister Siyabonga Cwele and his Director General, Jeff Maqetuka, failed to convince him that another judge would’ve ruled in their favour to keep Gilder out of the witness box.
This comes after Joffe refused to cancel the subpoena issued against Gilder to testify in the Selebi trial about a draft national intelligence estimate document alleging that the Kebble family paid Selebi.
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.
Advocate Marumo Moerane argued on Tuesday morning that Joffe’s ruling compelling Gilder to testify, albeit in camera, raised constitutional points and would change the precedent for intelligence operatives subpoenaed to testify in criminal trials.
However, Joffe was still not convinced and raised a serious concern that such appeal would delay Selebi’s trial for months. This could prejudice Selebi and the state.
After dismissing the application, Moerane received instructions from his spy boss clients to petition Joffe’s ruling to the SCA in Bloemfontein.
Joffe urged all parties to ”curtail the process” and attempt to find a solution before the
South Gauteng High Court’s term for 2010 commences on February 1.
Noisy interruption
Earlier the trial was disrupted when an unknown woman shouted loudly at chief prosecutor Gerrie Nel that he should rather investigate her case than dragging Selebi to court.
The woman and her partner held up a banner with Aids ribbons when advocate Moerane started to argue before Judge Joffe.
Just as Moerane was starting to argue, the Aids banner went up and Joffe adjourned proceedings for ”the protest in court” to be sorted out.
When Joffe left the courtroom, the woman started screaming at Nel, saying the he should recognise her because she previously complained to him about her husband’s death.
Nel said she looks vaguely familiar and then left the courtroom with his other members of the Scorpions.
The woman proceeded to complain about the handling of her case, which sounded like a pensions-related dispute. At one stage she said she wanted Nel to prosecute Investec bank for not paying her out money owed to her.
When she refused to leave the courtroom of her own will, a police officer and a bodyguard dragged her from court. This was after she ripped off her dress and kicked off her shoes. Court proceedings returned to normal 15 minutes later.