The state has not provided enough evidence to prove its case against Brett Kebble murder accused Glenn Agliotti, the South Gauteng High Court in Johannesburg heard on Tuesday.
Advocate Laurance Hodes SC applied for a discharge, which the state opposed. Argument would be heard on November 5.
The state closed its case on Tuesday, wrapping up with testimony from investigating officer Colonel Pieter Van Heerden.
Hodes would apply for the discharge in terms of Section 174 of the Criminal Procedure Act, which states that if, at the close the prosecution’s case, there is no evidence the accused committed the offence, he or she could be acquitted.
Agliotti was arrested in 2006 for the 2005 shooting of mining magnate Brett Kebble. He has been out on bail since — but spent a large amount of time under house arrest. This part of his bail conditions was lifted in August 2010.
Key witness
The state closed its case after calling fewer than 10 witnesses. A key witness, Kebble’s security boss Clinton Nassif, was questioned for days by Hodes. He meticulously pointed out contradictions in Nassif’s testimony to the court, compared with his signed statements.
During cross-examination on Tuesday, Van Heerden admitted the case against Agliotti had been overshadowed by the prosecution of former police commissioner Jackie Selebi. In his opinion, this was the reason he had been “sidelined” during the investigation, he said when asked why he was removed from the case at one point.
“This murder investigation was not the primary objective of the DSO [Directorate of Special Operations, or the Scorpions] but rather the prosecution of … Selebi.”
Advocate Dan Dakana, who led the prosecuting team, asked Van Heerden if he knew why Brett’s father, Roger, was subpoenaed to testify in the trial.
Van Heerden responded: “We had to clarify an aspect brought up by one of the witnesses … that Roger Kebble had motive to kill the deceased.”
This prompted Judge Frans Kgomo to ask whether it had emerged that Kebble senior had a reason to kill his son.
Van Heerden replied he understood from the state this had emerged from a witness in the trial, and was reflected on the court record, although he could not recall which witness had made the allegation.
However, Hodes put it to Van Heerden that no witness had testified that Roger Kebble had a motive to kill Brett. He put it to the investigating officer, who had 25 years of experience, that this sort of revelation would surely have stuck in his mind.
Van Heerden replied it may have come out when he was not in court, as he was absent for a full day during the start of the trial. He added he never heard the allegations when he was present in court.
Charges
The trial was postponed in August to allow Roger Kebble to recover from a knee operation. When he didn’t appear in court on Monday, his doctor said it was due to a heart condition.
Kgomo wouldn’t allow a further postponement and the state was ordered to proceed with its case.
Agliotti is facing four charges — two counts of conspiracy to commit murder, one count of attempted murder and one murder charge.
The murder charge and one conspiracy count relates to the September 2005 shooting of Kebble in Melrose, north of Johannesburg.
Agliotti is further accused of conspiring to kill Alan Gray auditor Stephen Mildenhall, Jean Daniel Nortier, Dr Mark Bristow and Mark Wellesley Woods.
The attempted murder charge relates to the shooting of Mildenhall in Cape Town in August 2005.
The trial resumes on November 5. — Sapa