Former top cop Jackie Selebi’s corruption trial was expected to resume in the South Gauteng High Court in Johannesburg on Monday, with former intelligence coordinator Barry Gilder taking the witness stand.
This follows failed bids by the State Security Ministry to stop Gilder from testifying in the trial — first in the Supreme Court of Appeal (SCA), then in the Constitutional Court.
The ministry approached the Constitutional Court last month after its bid to prevent Gilder from testifying in the former police national commissioner’s trial was dismissed in the SCA on January 29.
It argued that forcing Gilder to testify could set a precedent — with serious constitutional ramifications — where intelligence information could be compromised.
The application was, however, dismissed in the Constitutional Court on February 16 and Gilder was subpoenaed by the National Prosecuting Authority to testify in court on March 1, spokesperson Mthunzi Mhaga said on Monday.
The state wants Gilder to testify about a 2005 draft intelligence report containing a single paragraph about allegedly untoward payments Selebi was receiving from slain mining magnate Brett Kebble.
Gilder was the coordinator for intelligence and chairperson of the national intelligence coordinating committee at the time.
Selebi is facing a count of corruption and another of defeating the ends of justice in connection with about R1,2-million he allegedly received from Kebble, convicted drug trafficker Glenn Agliotti and former Hyundai boss Billy Rautenbach in return for favours.
He has pleaded not guilty to all charges. — Sapa