/ 25 October 2010

State under fire at Agliotti trial

The state's handling of the trial of Glenn Agliotti, accused of the murder of Brett Kebble, came under fire at the South Gauteng High Court on Monday.

The state’s handling of the trial of Glenn Agliotti, accused of the murder of businessman Brett Kebble, has again came under fire at the South Gauteng High Court in Johannesburg.

Agliotti’s legal team, led by advocate Laurence Hodes SC, said on Monday that Agliotti had been prejudiced by the constant delays in the trial.

This, after the state told the court that its next witness, Roger Kebble, father of slain mining magnate Brett, was unable to testify due to a heart condition.

Hodes said that after nine weeks’ postponement, the state was not ready to proceed. He pointed out that the state also did not provide the defence with a statement from Kebble, a “trend” which “permeated the entire trial”.

“All these arrangements have been made when they don’t even know what he is going to say,” Hodes said.

‘We are being messed around’
Earlier, the defence accused Roger Kebble of “dodging” testimony in court.

“We are being messed around, my Lord. There is no other terminology,” said Hodes. “We are not dealing with a terminally ill man here, my Lord.”

State prosecutor Lethabo Mashiane read out a letter from Roger Kebble’s cardiologist.

“It is unwise from a stress perspective to subject him [Roger Kebble] to the rigours of interrogation,” read the doctor’s letter.

However, Hodes charged that Kebble had wasted 20 days to have his heart analysed. He also only returned to the doctor a day after he received a subpoena from the state for him to appear in court.

Hodes said Kebble’s condition amounted to heart palpitations and he had not even been operated upon for an injured knee, which was the cause of him failing to testify in August.

“The state contends that he is not ducking and diving, he’s not Roger the dodger … then why does he waste 20 days to have his heart analysed?,” Hodes asked.

Important witness
Hodes added that he was willing to concede to another postponement on condition that the state provide a date when Kebble would be available and on condition that it let the court into its confidence on what evidence he would provide.

Mashiane told the court that Roger Kebble remained an important witness. He said allegations were levelled against Roger Kebble during the trial, which he had to answer to.

Earlier in the trial, security boss Clinton Nassif testified that Roger Kebble knew that his son, Brett, was planning an assisted suicide.

Mashiane added, however, that the state did not want to “hold the court to ransom” and would therefore be ready to proceed with the trial.

“The investigating officer can testify … We are ready to proceed without him [Kebble],” Mashiane told the court.

He added that the state would like Kebble to be examined by state doctors to determine the precise day on which he can testify.

Judge Frans Kgomo adjourned the matter until after lunch.

Agliotti is on trial for Brett Kebble’s killing five years ago, as he allegedly paid the hit men. He claims it was an “assisted suicide”.

Brett Kebble was shot dead in his car in Melrose, Johannesburg, on the night of September 27 2005. — Sapa