Publications
Partners
Johannesburg - The prosecution and investigators in the Glenn Agliotti trial were given a dressing down by Judge Frans Kgomo as he handed down a ruling freeing the Brett Kebble murder-accused.
"It is clear... that the DSO (directorate of special operations, now-defunct Scorpions) wanted the accused so badly that it did not matter how evidence was procured to prosecute him," Kgomo said shortly before discharging Agliotti of the four counts against him at the South Gauteng High Court in Johannesburg.
Kgomo said the "interference" with witnesses pointed to the "irregular action" of the investigators and the investigating team.
Referring to the testimony of the State's key witness, security boss Clinton Nassif, Judge Kgomo said: "Progressively throughout cross examination Nassif detracted most of the evidence rendered in his evidence in chief.
"Nassif was proven to be an untruthful witness who changed his version without batting an eyelid. It is my considered view that Nassif's evidence was of such a poor quality that it could not safely be relied upon.
"The one witness who could have connected the accused (to the crimes)… is Nassif - unfortunately when the totality of the evidence is taken into consideration - he failed dismally."
When he was "caught out" lying, Kgomo said, Nassif responded with: "No comment."
The motive behind a supplementary affidavit made by Nassif mere months before the trial began was questioned by Kgomo.
"The timing of the supplementary affidavit points to a predetermined, premeditated course of action to implicate the accused."
Not good enough
Kgomo questioned the State's failure to prosecute John Stratton, Kebble’s business partner, along with Agliotti.
He said the State’s argument that due to a last-minute change in the prosecuting team, they too did not have access to all the statements in the case was not an excuse.
"That’s not good enough," he said.
This after Agliotti’s legal team had repeatedly complained that they were not given all the required statements on time.
"The State has not made out a prima facie case against the accused," said Kgomo at the end of the lengthy summary judgment.
"Accused stand," the judge said. "You are consequently found not guilty and discharged in terms of Section 174...," said Kgomo.
An emotional Agliotti walked straight to his defence counsel, Advocate Laurance Hodes SC, after Kgomo handed down his judgment and kissed him on both cheeks.
It was Hodes' unrelenting grilling of Nassif under cross-examination which led to the former security boss constantly contradicting himself.
Kgomo said had Nassif not been cross-examined, his evidence may have been more plausible.
Long, long road
Agliotti has not seen the last of the inside of a courtroom. He is yet to testify in a drug trial in Germiston, where he struck a deal with the State in return for his evidence.
He also did not receive indemnity after testifying in the trial of former national police commissioner Jackie Selebi where he was a section 204 witness.
But on Thursday, speaking after the end of a five-year ordeal, Agliotti expressed relief at coming to the end of a "long, long road".
"I am relieved... justice was done, justice wasn't only done, it was seen to be done," he said.
"I am angry at the same time."
He said it was clear that the State had an "ulterior motive" in dealing with the matter against him.
Agliotti was arrested in 2006 for the slaying of mining magnate Kebble and further charges were added earlier this year, before the trial commenced.
Asked whether he would take any action against the State, he said: "We will have to wait and see."
Visibly more relaxed as he was surrounded by reporters, Agliotti said he would now spend time with his family - who were "traumatised" by the events - and his friends.
Not embarrassed
National Prosecuting Authority spokesperson Mthunzi Mhaga "noted" the judgment.
The NPA would deliberate on it and then decide on a way forward. The NPA, he said, was not embarrassed by the outcome.
Last week, Hodes argued for a discharge of the charges in terms of Section 174 of the Criminal Procedures Act.
This was once the State wrapped up its case after calling 13 witnesses from a list of some 50.
Section 174 of the act states that if, at the close the prosecution's case, there is no evidence the accused committed the offence, he could be found not guilty.
Kgomo discharged Agliotto of the four counts he faced, two of conspiracy to commit murder, one of attempted murder and another of murder.
The murder charge relates to the Kebble shooting in Melrose, north of Johannesburg.
One conspiracy charge relates to a plot to kill Allan Gray auditor Stephen Mildenhall, Jean Daniel Nortier, Dr Mark Bristow and Mark Wellesley Woods. The other is for planning to kill Kebble.
The attempted murder charge relates to the shooting of Mildenhall in Cape Town in August 2005.
