In a development that could further delay the sensational Kebble murder trial, newly appointed prosecutions boss Menzi Simelane is weighing a request by Brett Kebble’s family to replace the prosecutors in charge of the case.
The Mail & Guardian has established that a climate of uncertainty surrounds the request by Roger Kebble, father of the murdered mining magnate, to have state advocates Gerrie Nel and Andrea Johnson and investigating officer Andrew Leask removed from the case. Simelane has not yet communicated his decision to the prosecuting team and his spokesperson, Mthunzi Mhaga, would only say: “We elect not to respond to these questions.”
Roger Kebble’s attorney, Kim Warren, met Simelane on February 5 to raise the Kebble family’s concerns about the prosecuting team in the Kebble trial having a conflict of interest because of their parallel role in the prosecution of former police national commissioner Jackie Selebi.
Nel, Johnson and Leask are also involved in at least two other related matters — the drugs trial of alleged drug-trafficker Stefanos Paparas and the corruption case of former crime intelligence boss Mulangi Mphego.
Warren told the M&G that the Kebble family felt the Selebi team’s need to keep Glenn Agliotti “on side” as a state witness in the Selebi case would affect their judgement in prosecuting him for involvement in the murder of Kebble.
Concerns
Agliotti, who pleaded guilty to drug dealing in 2007, is the only person standing trial for Kebble’s murder. He was the “star witness” in the Selebi trial, telling the court that he paid the former top cop cash bribes of up to R1-million over three years.
Warren said Simelane told her that the issue had also been raised within the National Prosecuting Authority (NPA) and that he was alive to the concerns and was considering the matter. She said the family had not yet decided whether to take legal action if Simelane did not appoint a new prosecution team.
At the same time, the family was concerned that this issue should not be used as an excuse not to proceed with the trial. At Agliotti’s last court appearance, the matter was postponed for the “last time” to July 26. There have been rumours that the NPA is exploring a plea bargain with Agliotti, who has claimed that the killing was an “assisted suicide”.
Simelane’s decision on the matter could have significant consequences for the trial. If he decides to pull Nel and his team from the case, a new team will have to be briefed and prepare the case from scratch. If he decides to leave the team in place, the Kebble family could bring an application that would also lead to future postponements.
Before giving evidence in the Selebi trial, Judge Meyer Joffe warned Agliotti that he was required to testify truthfully to receive indemnity on charges of corruption, fraud and money-laundering. Agliotti’s co-accused in the Kebble murder case, Kebble’s former business partner John Stratton, lives in Australia and is fighting attempts to extradite him to South Africa to stand trial.
Stricter stance
Meanwhile, Simelane appears to have adopted a much stricter stance on communicating with the media than his predecessors. The South African National Editors’ Forum (Sanef) is awaiting a response from him on his decision to bar prosecutors from speaking to the media. Prosecutors may now communicate with the media only through the office of their regional directors of public prosecutions.
This week Simelane, through Mhaga, declined to comment on the M&G‘s questions about two key matters on the NPA’s books — the Kebble trial and the arms-deal investigation. In the case of the latter, Mhaga responded: “Sorry, we won’t be commenting on the matter at all.”
M&G editor Nic Dawes said it was crucial to be able to solicit information and comment from key actors in a given story for the paper to live up to the ethical standards of the profession. “The blanket refusal of the NPA to respond to questions not only frustrates that task, it denies the public access to crucial information about matters of the most urgent concern. We are seriously concerned about this approach but will do our best to report the facts notwithstanding. If the NPA feels its views are not reflected, then its leadership has only themselves to blame.”