NPA won’t let Kebble associate off the hook

2010-11-25 14:20

The National Prosecuting Authority (NPA) is still trying to extradite businessman John Stratton from Australia to face charges for mining boss Brett Kebble’s murder.

This was revealed by NPA spokesperson Mthunzi Mhaga shortly after the South Gauteng High Court acquitted drug trafficker Glenn Agliotti of all charges relating to Kebble’s death.

Agliotti successfully argued for a discharge from prosecution after the state “dismally” failed to prove its case.

Judge Frans Kgomo castigated the conduct of chief prosecutor Dan Dakana and his colleagues. He said they infringed upon Agliotti’s rights and failed to provide the defence with key documents.

Dakana was only given the case earlier this year after prosecutions boss Menzi Simelane pulled state advocate Gerrie Nel and his team off the Agliotti prosecution. Nel successfully prosecuted former police commissioner Jackie Selebi for corruption.

In his judgment, Kgomo often referred to the state’s unpreparedness and failure to present a prima facie case against Agliotti. He said it wasn’t good enough for the NPA to say they weren’t aware of certain key documents that weren’t presented to Agliotti’s legal team.

Kgomo agreed to indemnify Kebble’s self-confessed hit men – Mikey Schultz, Nigel McGurk and Kappie Smith – from prosecution. Although he commented they should have faced charges for Kebble’s death, Kgomo said they testified truthfully.

Kebble’s former security boss, Clinton Nassif, was not as fortunate. Kgomo refused to indemnify him against prosecution and Mhaga said the NPA would consider whether or not to charge Nassif.

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