Selebi judge turns down Minister’s appeal

2009-12-01 12:20

State Security Minister Siyabonga Cwele’s application to stop a

former intelligence officer taking the stand was turned down by the judge in the

trial of former police commissioner Jackie Selebi today.

Advocate Marumo Moerane, has failed to establish possible prospects

of winning in the Supreme Court of Appeal.

Cwele wanted the court to stop former national intelligence

coordinating committee head Barry Gilder testifying against Selebi.

It has already emerged in court that Selebi showed convicted drug

dealer Glenn Agliotti an intelligence report which alleged that the former top

cop was in the payroll of slain mining magnate Brett Kebble and his father


In court, Moerance argued there were “issues of principle” to be

taken into account should the court allow Gilder to testify.

“This is an unchartered territory and it’s also a matter of

constitutional importance,” said Moerane.

But state prosecutor Gerrie Nel was adamant that Gilder must take

the stand and testify.

Last week Judge Joffe refused to overturn a subpoena brought by the

state forcing Gilder to testify.

He had said the former top spy must testify “in camera” (in

private) if his evidence would compromise state security.

In turning down the appeal, Judge Joffe said state security cannot

be compromised more than it has already been.

Moerane said the Minister will petition the Supreme Court of Appeal

- a process which must be done in 21 days.

Earlier this morning a woman dressed in black Ellen Maluleke, who

is said to be a widow, caused drama in the courtroom when she demanded that

prosecutor Nel speak to her about her case.

Maluleke who screamed, yelled and took off her clothes in the

courtroom was escorted out by court orderlies.

The trial has been postponed to February 1 because Cwele is to

petition the Supreme Court of Appeal.

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