Selebi Concourt papers filed

2010-02-09 14:04

THE state security department has petitioned the Constitutional

Court to prevent an ex-intelligent official from testifying in the corruption

trial of Jackie Selebi, its lawyers have said.

Vanessa Naidoo, of Cheadle, Thomson and Haysom, says the papers

were filed at the Constitutional Court in Johannesburg at 11am today.

“Yes the papers have just been filed,” she says.

However, she could not elaborate and her boss Shamima Gaibie was

not available to comment.

The department wants the court to overturn a ruling by Judge Meyer

Joffe in the High Court in Johannesburg that Barry Gilder should testify in the

former police commissioner’s trial.

A similar bid was dismissed by the Supreme Court of Appeal on

January 29.

Should the Constitutional Court dismiss the latest bid, Gilder will

be required to testify about a 2005 draft intelligence report containing a

single paragraph about allegedly untoward payments Selebi was receiving from

slain mining magnate Brett Kebble.

Gilder’s testimony, according to the ministry, could set a

precedent – with serious constitutional ramifications – where intelligence

information could be compromised.

However, the state maintains that Gilder’s testimony will cover

information already in the public domain, as several witnesses have already

mentioned it in their testimony.

The State was expected to file responding affidavits on


Selebi faces a count of corruption and another of defeating the

ends of justice in connection with about R1.2 million he allegedly received from

Kebble, convicted drug trafficker Glenn Agliotti and ex-Hyundai boss Billy

Rautenbach in return for favours.He has pleaded not guilty to all charges. His

case is expected to resume on March 1.

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