Laurence Hodes, acting for Agliotti, asked for a postponement of his murder trial to give him time to approach the National Director of Public Prosecutions (NDPP) to request that the charges be withdrawn.
Judge Frans Kgomo heard argument for the postponement and would make his ruling on Friday.
This followed the re-examination of the State’s key witness Clinton Nassif.
Hodes’s cross-examination of Nassif lasted five days while the prosecution’s re-examination was over in less than an hour.
“My submission is that the wrong man is standing in the wrong box,” Hodes told the court.
“Thus far (we) heard the testimony of people who executed this plan (to kill mining magnate Brett Kebble) on the instruction of this witness (Nassif).”
Hodes wants time to approach the NDPP in a bid to have the charges withdrawn.
“We are appealing to a higher authority, we want to go right to the top,” he said.
The State was opposing his bid.
State prosecutor Laurence Mashiane said the State felt that the “right man was in the box”, referring to Agliotti.
He said the State was approached to withdraw the charges in the past and had declined. Nothing had changed and to make the request again would be “futile”.
He urged Hodes to make the request “over the weekend” or while the trial was in progress.
Hodes, however, said his application stood.
“If anything will be futile, it is to run a trial while trying to stop it.”
The trial was adjourned for the day with Agliotti appearing chirpier. He is facing two charges of conspiracy to commit murder, one of attempted murder and a fourth of murder.