Agliotti 'may incriminate himself'

2009-10-06 11:16

Johannesburg - The State warned convicted drug dealer Glenn Agliotti on Tuesday that he could incriminate himself while testifying in the corruption trial of former top cop Jackie Selebi.

Agliotti was testifying in the South Gauteng High Court in Johannesburg.

Addressing Judge Meyer Joffe, prosecutor Gerrie Nel asked that the court "warn the witness" that "he may be asked questions where he may incriminate himself and if he answers truthfully the court may grant him indemnity".

The court adjourned briefly to allow Nel to list the specific incidents for which indemnity might be granted.

Crimes

Nel said Agliotti might incriminate himself for crimes including corruption, fraud, theft, money laundering and defeating the ends of justice.

However Selebi's lawyer Jaap Cilliers said while he did not object to the warning, he said as far as he understood "blanket indemnity" for defeating the ends of justice, for example, could not be given.

"It must be more specific... upfront it must identify the incidents."

Nel then starting listing the specifics of incidents relating to these crimes but Joffe interrupted him, asking for them to be presented to the court in a more formal written manner.

Court then adjourned for this to take place.

'Major incidents'

Earlier, dressed in a grey suit, Agliotti began testifying about what Nel termed a summary of the "major incidents" that led to him ending up in the witness box.

During his testimony Agliotti spoke deliberately and slowly, often pausing for the judge to finish writing. He referred several times to Joffe as "M'Lord" and to the "honourable court".

Nel went through the facts of mining magnate Brett Kebble's death and Agliotti confirmed he had been arrested in connection with the killing and would go on trial next year.

He also detailed the sequence in which various affidavits were compiled by him.

The 57-year-old Selebi pleaded not guilty on Monday as charges of corruption and defeating the ends of justice were put to him.

Selebi's charges relate to payments he allegedly received from Kebble, Agliotti and ex-Hyundai boss and mining businessman Billy Rautenbach.

Payments

The State, in papers before the court, alleged that "Agliotti and/or Kebble and or Rautenbach and/or the relevant corporate entities have benefited the accused in the period 1 January 2000 up to and including 31 December 2005... in an amount of at least but not restricted to R1.2m...

"This was by way of payments by Agliotti on his own account and on behalf of Rautenbach, the Kebbles and others."

The State said the relationship between Selebi and Agliotti, who met in 1990, "entails numerous payments in South African and foreign currency, as well as clothing and other gifts".

"In return, the accused rewarded Agliotti by inter alia informing him of the existence of an investigation into his criminal activity."

Selebi is saying he is the victim of a plot against him cooked up by two former chief prosecutors, Bulelani Ngcuka and Vusi Pikoli, whom his lawyer has accused of fabricating evidence against him.

The investigation started in 2006 and Selebi first presented himself to court in 2008.

A list of state witnesses includes Agliotti, Rautenbach, acting prosecuting boss Mokotedi Mpshe and Clinton Nassif, who was responsible for Kebble's security.

- SAPA