Judge allows Agliotti video

2009-10-15 12:02

THE judge in the Jackie Selebi corruption trial has ruled that the

disputed 2008 video recording of an interview with Glenn Agliotti and NIA

officials may be admitted as evidence.

After strong arguments between the state and lawyers for former

police chief Jackie Selebi in the morning, Judge Meyer Joffe ruled that the

tapes should be played in court.

Earlier in the day, Advocate Jaap Cilliers SC for Selebi argued

that his client received the video recording from the state as part of the

docket.

“In considering this issue, you [My Lord] should keep in mind that

the accused played no role and he obtained the video in a proper way front the

state as part of the evidence,” he said.

“I have difficulty accepting that the public would demand to

exclude material that is truthful. It would be a sad day if that is what the

public demand from the court.”

State advocate Gerrie Nel argued that the video should not be

admitted because it was illegally obtained from Agliotti.

The January 2008 recording was made by Mulangi Mphego, then acting

head of SAPS crime intelligence.

Nel said it was immaterial whether Agliotti knew or not that the

meeting was recorded or that he was not trapped.

Agliotti told the court that he felt that the meeting was an

off-the record briefing and the evidence was going to be used for intelligence

gathering purposes only.

He said that he insisted on getting his legal representative and

that the information on the video should not be used in any way until his legal

representative had seen it.

Nel said: “Mphego should have stopped proceedings when Agliotti

said he needed legal representation. The interviewer is a senior policeman and

he should have known better than to continue with the interview.”

“To allow the evidence now, which was obtained by improper mean, it

would render the trial unfair,” Nel said, adding that Agliotti should only be

tested on affidavits before the court.

The trial continues.


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