/ 19 October 2010

Cwele trial to hear argument over intercepted calls

Cwele Trial To Hear Argument Over Intercepted Calls

The state intends producing intercepted calls between drug-trafficking accused Sheryl Cwele, her co-accused, Frank Nabolisa, and convicted drug mule Tessa Beetge as evidence at trial, the Pietermaritzburg High Court heard on Tuesday.

State advocate Ian Cooke told the court that the matter could not proceed on Tuesday because the defence was opposing the calls being admitted as evidence.

Cooke said the calls would give a detailed picture of what went on between Cwele, the wife of State Security Minister Siyabonga Cwele, Nabolisa and Beetge.

Cwele’s advocate, Mvuseni Ngubane, and Nabolisa’s advocate, Koos van Vuuren, said they would argue the admissibility of the calls on a point of law.

Judge Piet Koen said the argument over the admissibility would be heard on Thursday.

Video link
Koen also asked Cooke whether he had made arrangements for Beetge to testify via a video link. Koen said earlier in the trial that Beetge could possibly hold the key to the case.

Cooke said it would be possible for Beetge, a KwaZulu-Natal woman incarcerated in Brazil for drug-smuggling, to testify via Skype, an internet webcam service, but he would have to make a request with the consular authorities.

The National Prosecuting Authority (NPA) said it was working around the clock to get Beetge to testify.

“We are trying to get her [Tessa Beetge] to testify. We hope the process will not delay the completion of the trial,” NPA spokesperson Mthunzi Mhaga said on Tuesday morning.

Beetge was arrested after 10kg of cocaine was found in her luggage in Brazil in 2008.

Cwele and Nigerian national Nabolisa allegedly conspired to recruit Beetge and Charmaine Moss as drug mules. Moss allegedly turned down the offer when she suspected something was amiss.

Beetge is currently serving an eight-year jail sentence in São Paulo, Brazil.

Investigating officer Lieutenant Colonel Johann Ludick took a statement from Beetge in Brazil last year, but it could not be used because it was regarded as hearsay evidence.

Wrapped in paper
The justice and constitutional development department said it was also willing to facilitate Beetge’s testimony.

“We should be able to look into the matter and facilitate it, should the court so decide on the matter. All practical and logistical factors will be taken into account for this to be realised,” said the department’s spokesperson, Tlali Tlali.

On Monday, Brazilian Federal Police agent Carlos de Bartole explained in court how Beetge was arrested at São Paulo International Airport. He said Beetge did not look surprised when drugs were found in her luggage.

The substance was wrapped in paper, he said.

There were also four coffee bags and two packets of sweets inside a larger bag, which was full of cocaine.

Carolina Passato Braga, a chemical expert with the Brazilian federal police, described how the substance found in Beetge’s luggage was tested.

Denison Maia, another Brazilian chemical expert, did not testify on Tuesday because his testimony would not be different from what Braga told the court. — Sapa