The “contradictory” testimony of security boss Clinton Nassif continued to haunt the state in the trial of Brett Kebble murder accused Glenn Agliotti at the South Gauteng High Court on Wednesday.
Tearing into the state’s heads of argument opposing an application for a discharge, defence counsel Laurance Hodes accused the State of ignoring the evidence which, he charged, did not implicate his client.
The state, led by Gauteng deputy director of public prosecutions Advocate Dan Dakana, said Agliotti had “set in motion” the events that led to the shooting and injuring of Allan Gray auditor Stephen Mildenhall.
Hodes argued that Agliotti was never mentioned, however, in Nassif’s first statement about the shooting and that his version of events changed “absolutely and totally” in his testimony.
Citing the court record, Hodes said the state’s contention that Agliotti was the “paymaster” in the Mildenhall matter was also not true.
“There can be no doubt in anybody’s mind that this witness lied.”
He said the testimony of Steven Saunders, Nassif’s former business partner, also did not include Agliotti and matched Nassif’s first statement.
Hodes said the court could not rely on any submissions in the state’s heads of argument as they did not rely on the evidence before the court.
Charges
Hodes is arguing for Agliotti’s acquittal on the grounds that the state did not prove that he had a case to answer.
Agliotti is facing four charges, one of murder, one of attempted murder and two counts of conspiracy to commit murder.
The murder charge relates to the 2005 shooting of mining magnate Brett Kebble in Melrose, north of Johannesburg.
Agliotti is further accused of conspiring to kill Allan 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. — Sapa