Former police chief Jackie Selebi would have been "astonished"
to be offered improper payments by drug lord Glenn Agliotti, the
High Court in Johannesburg heard on Wednesday.
The claim, by defence lawyer Jaap Cilliers, came as his cross
examination of Agliotti continued in Selebi's corruption trial.
"If you bring money to the accused he would have reacted in a
way that he was astonished by your conduct, and would take
exception to your conduct and may have had you arrested," Cilliers
said.
"You knew that," he added.
Cilliers was questioning Agliotti on why, after he had made a
deal with the Scorpions, he did not set up a "controlled payment"
or "conversation" with Selebi to provide independent evidence of
Selebi's alleged corruption.
"I was not going to compromise him," said Agliotti, dressed in a
salmon pink tie, white shirt and black suit.
He and Selebi used to be friends.
Cilliers said Selebi also denied ever taking R30 000 from
Agliotti to host a dinner to garner votes for election as Interpol
head.
"The accused absolutely refused to have such a dinner and said
he would rather not be elected than to have a dinner.
"He refused to lobby in any way," Cilliers told the court.
Agliotti has testified that in late 2004 he gave Selebi the cash
to fund a dinner in Paris to "lobby" for election as head of the
international police body.
Selebi served as Interpol president from 2004 until January 12
last year, resigning after being suspended over the graft
allegations for which he is on trial.
Agliotti on Wednesday also gave the court an additional
explanation for inconsistencies in his testimony and earlier
statement to police.
Previously he had admitted that he lied on occasion. On
Wednesday he said
his memory also sometimes failed him.
"You take your mind back and you try and remember as much as you
can," explained Agliotti.
"There have been inconsistencies in my statement. They are not
intentional."
Cilliers pointed out there was a discrepancy between two
statements Agliotti made in January 2008, one to the National
Intelligence Agency (NIA) and the other to the Scorpions.
In the NIA statement, Agliotti said: "I maintained all along
that I never bribed Selebi," whereas in the later one to the
Scorpions, he said: "I have never maintained that I never bribed
Selebi."
Agliotti said the change came after his legal counsel explained
the legal definition of bribery.
Cilliers put it to him that this explanation was a lie and that
the later statement was a "concocted version".
"As you sit there right there in court you look the honourable
court in the eye and you still lie... You must be careful... Mr
Agliotti. There is a man's life dependent on the truthfulness of
the witness."
Agliotti has made a deal with the State in the Selebi case and
will receive indemnity from prosecution on charges including
corruption, money laundering, racketeering and defeating the ends
of justice if he testifies "frankly and honestly".
He made it clear on Wednesday that his memory could not be
jogged to remember exactly how many payments he made to Selebi or
what the amount of each payment was.
"How many payments for R30 000 or R5000 or R10 000 [I made to
Selebi]. I cannot remember every payment... I did not keep a
running log," he said.
On Thursday the court's attention will turn to determining the
admissibility of a 2008 video recording of a meeting between
Agliotti and NIA representatives.
Cilliers has asked that the video be admitted as evidence even
though Agliotti testified that he was assured the recording was off
the record.
The recording is apparently of Agliotti, police commissioner
Mulangi Mphego and senior NIA official Arthur Fraser discussing the
investigation into Selebi.
"To my knowledge the information would not be used," Agliotti
said during cross-examination.
Judge Meyer Joffe said he would hear full argument before
deciding whether the recording could be viewed as evidence or if a
trial within a trial should be held to determine admissibility.
Selebi is facing two counts of corruption and defeating the ends
of justice, related to payments of at least R1.2-million he
allegedly received from Agliotti, slain mining magnate Brett Kebble
and former Hyundai boss Billy Rautenbach.