Agliotti 'never helped by Selebi'

2009-10-09 12:30

Fienie Grobler and Mirah Langer

Johannesburg - State witness Glenn Agliotti seemed to switch sides in court on Friday, announcing that he never obtained “improper assistance” from the corruption-accused former police chief Jackie Selebi in return for money and gifts.

Agliotti was responding to a statement by Selebi’s lawyer, Jaap Cilliers.

“I put it to you that you never obtained any improper assistance from the accused in any way... despite the fact on your version you gave him some money and gifts,” said Cilliers.

“That is correct, according to the accused,” replied Agliotti.

Cilliers continued: “But you agree with me, the basic proposition, now as you sit there, the accused in no way provided you with any advantage on any improper basis whatsoever between 2000 and 2006.”

Friendship

“I would agree with you, based on the fact that I deemed the accused as a friend... obviously I used that friendship for my own gain,” said Agliotti.

Agliotti is testifying on the fifth day of Selebi’s trial in which he is facing two counts of corruption and defeating the ends of justice, related to payments of at least R1.2m he allegedly received from Agliotti, slain mining magnate Brett Kebble and ex-Hyundai boss Billy Rautenbach, who was on the run from authorities for tax evasion charges.

Agliotti was the State’s first witness and made a deal with the State to testify against his old friend, Selebi.

If he answered questions honestly and frankly, he would get indemnity from prosecution on all criminal charges he could face related to the Selebi case.

Agliotti testified for the State that Selebi showed him some documents from UK intelligence authorities detailing Agliotti’s whereabouts, a claim which relates to the defeating the ends of justice charge against Selebi.

Criminal activities

Selebi also showed Agliotti an e-mail from former security officer Paul O'Sullivan which he wrote to the Scorpions, in which he claims the pair were involved in criminal activities.

Cilliers told the court Selebi received that e-mail from the press and that there was nothing untoward in showing the document to Agliotti.

“The purpose was clearly not an unlawful purpose, the purpose was to use it in proper legal proceedings by your lawyer,” Cilliers said to Agliotti, who agreed, saying, “absolutely”.

Agliotti testified that at that stage, he and Selebi featured every week in media reports on their alleged criminal activities.

Also, the e-mail and the UK report were shown to Agliotti a year after Selebi received the “last gratification” from him, said Cilliers.

“If you look at the circumstances... it is clear, Mr Agliotti, even on your version, it appears these documents were handed to you not because you ever gave the accused [anything]... it was done in order to resist this improper media [attention]... Payments or no payments did not play any role whatsoever at this stage,” said Cilliers.

“That is right,” said Agliotti.

“The object of the accused providing you with the documents... was clearly and only to resist this improper and unlawful smear campaign in the media... based on untrue facts,” said Cilliers, once again to Agliotti’s agreement.

Tension in court

Earlier, there was tension between the judge and the defence lawyer.

“For this evidence to have any value you must be far more careful in what you are doing,” Judge Meyer Joffe told Cilliers when he asked Agliotti questions about what “returns” he gained from his association with Selebi.

Later, tension arose again between Joffe and Cilliers when the defence lawyer offered to assist the judge in pointing out an annotation on a page.

“I don’t need assistance, thank you,” said Joffe.

After a pregnant pause, Cilliers replied, shaking his head, “I’m flabbergasted by your remark.”

Prosecutor Gerrie Nel later entered the fray when - during questions from Cilliers about the awarding of various tenders to people implicated in the corruption trial - he stood up to object, saying Agliotti has already testified that he did not directly know about these matters.

However, it seemed Nel was a reluctant sparring partner, telling Joffe, “I really hate to get up all the time.”

Confused

Listening to Cilliers' cross-examination, Nel alternated between reclining backwards, his glasses dangling from his mouth, sighing, pulling confused faces and attending to his notes.

Cilliers' line of questioning which asked Agliotti about his opinion and details of various intelligence documents and emails Selebi might have shown him, was queried several times.

“I don’t know how he can help us in this regard,” interjected the judge at one point.

“It has no value coming from him. Whether he agrees or not doesn’t take it any further…”

At another point, Nel asked: “What is the question, I cannot understand.”

Dressed in a classic black suit, white shirt and grey tie, Agliotti chose to accede to the authority of the British monarchy when his memory failed on the dates when he undertook various London trips allegedly documented in a British intelligence report.

“I wouldn’t doubt your majesty’s report… It is highly unlikely I went for two days. If your majesty said I was there for two days, I’m not here to doubt her or her organisation."

- SAPA