Dept: Do not let ex-spy testify

2009-11-23 22:31

Johannesburg - The state security ministry on Monday brought an application to prevent an ex-intelligence official from testifying in the corruption case of former national police commissioner Jackie Selebi.

Representing the ministry, lawyer Marumo Moerane told the South Gauteng High Court the information former national intelligence co-ordinator Barry Gilder would be required to disclose was "classified, privileged information".

Gilder was a member of the intelligence service until October 2007.

The application opposing his appearance was brought by State Security Minister Siyabonga Cwele and the department's director-general, Moerane told the court.

Gilder is expected to testify about a 2005 draft intelligence report which contains a paragraph about allegedly untoward payments Selebi received from slain mining magnate Brett Kebble. The claim in the draft document is apparently made by businessman Jurgen Kogl.

Won't prejudice state security

Prosecutor Gerrie Nel submitted the part of the report relating to Selebi was already in the public domain. Nel said he was "sensitive" to the intelligence ministry's desire to protect sources and methods of gathering information.

"But, M'lord, I'm just saying the application by Moerane is premature. The State will not lead any evidence that may prejudice their security."

Nel said Gilder would, in all probability, be the State's last witness.

Judge Meyer Joffe said both the State and Gilder's representatives would need to present arguments.

"I'm not sure why we cannot cater for every eventuality. We could hear it initially in camera and make a decision afterwards if the evidence can be made public. I'd like you to consider that," he told both legal teams.

'Ulterior motive' to prosecution

Earlier, the chief investigating officer in the Selebi case, Andrew Leask, denied during cross-examination there was a hidden agenda.

Defence lawyer Jaap Cilliers put it to him: "The prosecution of the accused was in fact decided on with an ulterior motive."

He replied: "I find it extremely difficult to even think that could happen."

During Leask's cross-examination, the State came under fire for making indemnity deals with confessed criminals in exchange for testimony.

Cilliers asked Leask why indemnity deals were made with people like Clinton Nassif, the former security head of slain mining magnate Brett Kebble, and convicted drug trafficker Glenn Agliotti.

According to Section 204 of the Criminal Procedure Act, a person guilty of criminal conduct may receive indemnity from prosecution if they testify for the State.

"Would I be correct if I assume that you saw Agliotti as a very important kingpin in the drug trade in South Africa?" asked Cilliers.

Drug kingpin

Leask, who used to work for the Directorate of Special Operations, replied: "At the time of the Paparas matter and the arrest he was identified as a major kingpin."

Cilliers retorted: "And yet you were willing to accept a plea bargain without him [Agliotti] having any jail sentence?"

Agliotti was arrested in July 2006, along with Stephanos Paparas, his father and five others in a drug bust of hashish with an estimated street value of R200m. It was seized in Alberton, south of Johannesburg.

He later agreed to testify against his accomplices, including Stephanos Paparas and his father.

Cilliers also asked Leask about the indemnity agreement reached with Nassif - who has confessed to his role in the Kebble murder, as well as the deal with former police reservist Paul Stemmet, who also admitted to certain criminal activity.

"Would I be wrong that the motivation for that [making indemnity deals] was that they were willing to provide information [about] the accused?"

Leask said it was "one of the reasons".

First on the stand on Monday was Aassif Surtee, the son of the director of luxury clothing group Gray's.

He testified about the different sizes of clothes purchased on Selebi and his former friend Agliotti's accounts from the store's Sandton branch.

Selebi is facing a count of corruption and another of defeating the ends of justice in connection with at least R1.2m he allegedly received from Agliotti and others in return for favours.
 

- SAPA