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Inquiry takes its toll on Pikoli
08/07/2008 13:35 - (SA)
Johannesburg - Two weeks of intensive listening and questioning began to take its toll at the Ginwala inquiry into Vusi Pikoli's fitness to hold office on Monday, as the suspended prosecutions boss started showing signs of exasperation at having to repeat questions he had earlier answered.
State advocate Seth Nthai grilled him on the National Prosecuting Authority's approach to plea bargains in exchange for testimony on other cases, with a specific focus on the agreement reached with Clinton Nassif, who was convicted of being involved in the storage of over 2000kg of hashish.
In exchange, Pikoli said, he could testify on the murder of mining businessman Brett Kebble, the Paparas drug case and possibly National Commissioner of Police, Jackie Selebi's case.
The Stage argues that there is no policy directive allowing this, and Pikoli counters that there is nothing to prevent it.
"These plea bargains are against policy and case law," Nthai said to Pikoli.
"I disagree," said Pikoli. "The acting national director (Mokotedi Mpshe) said they must go ahead. They have already been approved and sanctioned by the court."
Nthai responded with: "The court's make mistakes won't save you."
Plea bargain details
Pikoli argued that although he took responsibility for what happened in his office, he had already been suspended when the Nassif plea bargain was finalised.
Nthai tackled him over the details of the plea bargain and went through the minutiae of Nassif's affidavit, including that he said he accompanied Kebble murder accused Glenn Agliotti to Nelson Mandela Square in Sandton, and agreed to provide physical protection while a sum of several hundred thousands pounds was to be collected from a "Daniel", in a story Nthai said read like a fairytale.
"Can you cut through this fat and get to the bone?" said a frustrated Pikoli, with inquiry chairwoman Frene Ginwala saying: "Move on, I don't see the relevance of the detail."
Shortly afterwards Nthai demanded that he explain the use of the Latin term "functus officio" (having performed his office) when describing the court's role in finalising the plea bargains. Pikoli refused to answer, saying he would discuss it with Nthai privately.
Later, when interrupted by Nthai while replying to a question, an exasperated Pikoli said: "No man, before I finish. I am sorry, for this, I am sorry madam chair."
A malfunctioning microphone provided respite in the form of an early tea adjournment and the two faced each other again on the matter, with Pikoli insisting that the courts weighed all the information given to them by prosecutors before making a decision.
- SAPA
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