Agliotti video under spotlight in Selebi trial

2009-10-15 10:04

The admissibility of a 2008 video recording between convicted drug

trafficker Glenn Agliotti and National Intelligence Agency officials is expected

to feature in former top cop Jackie Selebi’s corruption trial today.

Judge Meyer Joffe has requested the State and defence to present

full arguments into whether the video can be admitted as evidence, after

Agliotti testified he was assured the recording was off the record.

The recording is apparently of Agliotti, police commissioner

Mulangi Mphego and the NIA Arthur Fraser discussing the investigation into

Selebi.

“I said to the commissioner that that was off the record. I wanted

to consult with my legal counsel and to my knowledge the information would not

be used,” Agliotti told the court yesterday.

Prosecutor Gerrie Nel argued this made the video inadmissible,

while Cilliers said exceptional circumstances existed for the court to view the

recording.

“In the end, my lord, the main issue is a fair trial to the

accused. It [the recording] may very well lead to the end of the State’s case,”

Cilliers said.

Nel was not keen on even a provisional viewing of the video to

determine its admissibility, arguing that this would prematurely allow it into

the public domain.

Alternatively the court could decide to hold a trial-within-a-trial

into the admissibility of the recording.

The most recent use of this legal procedure was in the drunken

driving trial of judge Nkola Motata. After a trial-within-a-trial, audio

recordings taken on a cellphone at the scene of his car accident were accepted

as evidence and played a major role in his conviction.

Selebi is facing two counts of corruption and defeating the ends of

justice related to payments of at least R1.2 million he allegedly received from

Agliotti, slain mining magnate Brett Kebble and ex-Hyundai boss Billy

Rautenbach.


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