Pietermaritzburg High Court Judge Piet Koene on Monday ruled that intercepted cellphone calls were admissible as evidence in the drug trafficking case involving the state security minister’s wife.
In October lawyers representing Sheryl Cwele, the wife of Minister Siyabonga Cwele, and her co-accused Frank Nabolisa, objected to the use of transcripts of intercepted calls.
Koene said intercepted calls from two cellphone numbers were admissible.
The police recorded calls between Cwele, Nabolisa and convicted drug mule Tessa Beetge.
Monday’s ruling meant the state could use transcripts of the calls as evidence against the pair.
‘Trample’ privacy
Advocates representing Cwele and Nabolisa said the Act under which the interception of the calls was authorised did not cover cellphones. They argued that the interception was not authorised by a designated judge and that it would “trample” the accused’s privacy.
The state believed the calls would present a detailed picture of what transpired between Cwele, Nabolisa and Beetge.
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 previously told the court she turned down an offer of going to work overseas when she suspected something was amiss.
Beetge is currently serving an eight-year jail sentence in São Paulo, Brazil.
The directive to monitor calls was granted by Judge J Swart on March 20 2008. It covered the period April 29 to June 16 2008. It was obtained to intercept calls to Nabolisa and others.
‘She must face consequences’
Beetge said in November that her “only mistake” had been in trusting Cwele
“Sheryl Cwele should be the one paying the price. She must face consequences for her actions,” Beetge said from a Brazilian prison in an interview with Special Assignment.
Beetge claimed she was offered a job by Cwele via SMS. She later met her for further details. – Sapa