The admissibility of a 2008 video recording between convicted drug trafficker Glenn Agliotti and NIA representatives is expected to feature in former top cop Jackie Selebi's corruption trial on Thursday.

Judge Meyer Joffe has requested the State and defence present full arguments into whether the video can be admitted as evidence, after Agliotti testified he was assured the recording was off the record.

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

"I said to the commissioner that that was off the record. I wanted to consult with my legal counsel and to my knowledge the information would not be used," Agliotti told the court on Wednesday.

Prosecutor Gerrie Nel argued this made the video inadmissible, while Cilliers said exceptional circumstances existed for the court to view the recording.

"In the end, My Lord, the main issue is a fair trial to the accused. It [the recording] may very well lead to the end of the State's case," Cilliers said.

Nel was not keen on even a provisional viewing of the video to determine its admissibility, arguing this would prematurely allow it into the public domain.

Alternatively the court could decide to hold a trial-within-a-trial into the admissibility of the recording.

The most recent use of this legal procedure was in the drunken driving trial of judge Nkola Motata. After a trial-within-a-trial, audio recordings taken on a cellphone at the scene of his car accident were accepted as evidence and played a major role in his conviction.

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 ex-Hyundai boss Billy Rautenbach.

Read more from the Selebi trial...

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