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Jackie Selebi. Sapa
Selebi goes after State
Mon, 02 Nov 2009 12:00
The defence in the corruption case of former police head Jackie
Selebi has asked for an application to put on record various
complaints against the prosecution.
"We have prepared a brief application for a special entry into
the record," defence lawyer Jaap Cilliers told the High Court in
Johannesburg on Monday.
"The application does not refer to any aspect of the Judge's
[Meyer Joffe's] conduct. We have complained about the statement we
received [from the prosecution very late]. We haven't received
certain statements."
During last week's application for his recusal, Joffe took the
defence to task for blaming him for not raising alleged misconduct
by the prosecution.
"How can you suggest to me that I am at fault?" Joffe asked the
defence at the time, banging his hand on his bench.
"I find it remarkable that you take umbrage at me for not doing
so."
Instead, Joffe said, if the defence had a problem with the
prosecution over certain incidents, they should have formally
raised these when they occurred, when he could have dealt with
them.
"If you felt hard done ? and you may have felt hard done by ? a man with your experience, you would have said 'we felt hard done
by'."
Joffe dismissed the recusal bid, saying Selebi's complaints of
alleged bias against him were "unfounded", "wrong" and
"incomprehensible".
'I never expected this'
On Monday, State prosecutor Gerrie Nel appeared taken back by
the defence's application.
"This is the first I have heard about this. I never expected
this."
Cilliers said they had not informed the prosecution because the
matter was only discussed late on Sunday night and drawn up in the
early hours of Monday morning.
Joffe asked the defence to proceed with the cross examination of
State witness Glenn Agliotti, and return to the application when
certain fax problems the defence was experiencing with it had been
sorted out.
During cross examination several assertions by Cilliers and
Agliotti were rehashed. Once again, Cilliers said Selebi had never
received a single payment from Agliotti.
"The accused denies having received any gratification from you
for any untoward purpose. He never received anything from you as an
expectation for him to do anything, or withhold from doing
anything. As far as payments are concerned, he denies any
payments," Cilliers told Agliotti.
Cilliers said the only gift Selebi remembered receiving was a
knife on his birthday.
Previously Agliotti said he would never insult Selebi with the
gift of a pen knife.
Agliotti also once again denied bribing his former friend.
"I still maintain to this day that I never bribed the accused."
Cilliers replied: "Well at least we agree on some issues, Mr
Agliotti."
Max Hodes' dog
He also asked Agliotti if he knew any other Jack or Jackie ? a
name Agliotti previously said he had called Selebi and "only
[advocate] Max Hodes' dog".
Agliotti later told reporters it was a Jack Russell named
Jackie.
With cross examination completed, re-examination by the State
was expected to resume after the tea break.
In terms of a deal Agliotti made with the State in the Selebi
case, he would receive indemnity from prosecution on various
charges if he testified "frankly and honestly".
Selebi is facing a charge of corruption and another of defeating
the ends of justice in connection with at least R1.2-million he
allegedly received from Agliotti and others in return for favours.