“This case is about corrupt civil servants as well as politicians or politically connected officials wining and dining with the devil incarnate under shade of darkness.”
This was the damning statement made by Judge Frans Kgomo during his judgement on Thursday on whether Brett Kebble murder-accused Glenn Agliotti had a case to answer.
“In the eye of the uninitiated — this is a run-of-the-mill case of murder or conspiracy to commit murder, but this is not my view,” said Kgomo before going on to describe the “shady” characters and sordid tone that characterised the criminal underworld responsible for Brett Kebble’s death.
Court broke for a tea at 11.15am, after Kgomo, known for being thorough and cautious, rigorously defined the various legal definitions in this particular case and previous examples.
Last week, Agliotti’s legal team led by advocate Laurance Hodes SC argued for a discharge of the charges in terms of Section 174 of the Criminal Procedures Act.
Morbid atmosphere
The atmosphere in the courtroom at the South Gauteng High Court turned morbid when he detailed various “assisted suicides” in history — how mining magnate Brett Kebble allegedly died.
Towards the end of the morning session, Kgomo focused on why critical statements weren’t handed over to the defence, bringing up the testimony of Hawks chief investigating officer Colonel Pieter Van Heerden.
Van Heerden admitted the case against Agliotti had been overshadowed by the prosecution of former police national 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.
“This murder investigation was not the primary objective of the DSO [Directorate of Special Operations, or the Scorpions] but rather the prosecution of … Selebi.”
Van Heerden was the state’s last witness, after a floundering prosecution team called less than 10 witnesses.
The previous prosecution team was pulled off the case by director of the South African National Prosecuting Authority, Menzi Simelane.
This came after the Kebble family raised concerns that previous state prosecutor Gerrie Nel was trying to keep Kebble “on side” for his testimony in the related trial of Selebi.
At the crossroads
Over five years after the 2005 shooting of the mining magnate, Agliotti is at a crossroads — if Kgomo rules in his favour, he will be free of the charges haunting him since his arrest in 2006.
Should Kgomo slap down the discharge application, the defence has two options: Hodes could call Agliotti to the witness box to lead evidence and lead other witnesses or he could opt not to call any further witnesses and close the matter.
Agliotti is facing four charges — two of conspiracy to commit murder, one count of attempted murder and another of murder.
The murder charge relates to the Kebble shooting in Melrose, north of Johannesburg.
One conspiracy charge relates to the plot to kill Allan Gray chief investment officer Stephen Mildenhall, Jean Daniel Nortier, Dr Mark Bristow and Mark Wellesley Woods. The other is for planning to kill Kebble.
The attempted murder charge relates to the shooting of Mildenhall in Cape Town in August 2005. – Sapa