Agliotti video admitted

2009-10-15 13:07

Johannesburg - A 2008 video recording between convicted drug trafficker Glenn Agliotti and police and NIA representatives has provisionally been admitted as evidence in the corruption trial of former top cop Jackie Selebi.

"The video evidence of the interview which took place on January 7, 2008 is preliminarily ruled to be admissible," Judge Meyer Joffe said.

"It can be dealt with again during arguments," he added, meaning that the evidential weight of the recording had not yet been determined.

The court then adjourned to set up viewing equipment.

The recording is apparently of Agliotti, police commissioner Mulangi Mphego and the National Intelligence Agency's Arthur Fraser discussing the investigation into Selebi.

Arguments

Earlier, the South Gauteng High Court heard submissions from both prosecutor Gerrie Nel and defence lawyer Jaap Cilliers on the recording.

Cilliers argued Judge Meyer Joffe had the "discretion" to allow the video as evidence, despite Agliotti saying he believed the recording was off the record.

"It is clear that the evidence is admissible and, My Lord, you then have the discretion to exclude the admissible evidence under certain conditions," Cilliers said.

Joffe replied: "That is my understanding."

Cilliers said Selebi's right to a fair trial meant the recording should be submitted.

"I will have great difficulty to accept that the public at large and the interests of justice would demand a court to exclude evidence that is absolutely material to a trial.

"Excluding the truth from a criminal trial runs the risk that an innocent man could be convicted," said Cilliers.

Off the record

However Nel said the recordings were "ill-gotten gains" which, if admitted, would render the trial unfair and be detrimental to the administration of justice.

"The court should not only look at the interests of the accused. Society has also got an interest so that evidence cannot be submitted that lets a guilty person walk free."

Previously Agliotti testified he told Mphego the recording, taken on January 7, 2008 in a Sandton hotel room, was off the record.

"I said to the commissioner I wanted to consult with my legal counsel, and to my knowledge the information would not be used."

Nel said if the recording was admitted it would impact on the police and intelligence community's ability to gather information.

"Why would a senior police officer interview a witness without legal counsel?"

Joffe agreed this complicated the video being accepted as evidence and said: "The court is being asked in a way to sanction or accept what may not be correct behaviour in the SA Police Service."

Nel said Mphego was expected to go on trial in December on charges of defeating the ends of justice, for allegedly leaking the video to the media.

- SAPA