Judge Frans Kgomo on Friday declined the request for a postponement in the trial of Brett Kebble-murder accused Glenn Agliotti.
Defence counsel Laurence Hodes SC asked the High Court in Johannesburg to postpone the matter to give him time to request that the National Director of Public Prosecutions withdraw the charges against Agliotti.
Kgomo said Hodes’ argument was that the evidence led in the matter thus far had not implicated the accused.
But, he said, it was “dangerous” to speculate on what the prosecution intended. Only six witnesses had testified out of about 50, he added.
The prosecution could still have an “ace up its sleeve”.
Kgomo said that at the beginning of the trial, both sides indicated they were ready to proceed and the prosecution had previously declined a request to withdraw the charges.
He said the defence still had every right to approach the National Director of Public Prosecutions.
He refused the request for a postponement.
The trial would resume on Monday when the state’s next witness would take the stand. Agliotti is facing four charges; two of conspiracy to murder, one attempted murder and a murder charge. – Sapa