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Johannesburg - The State on Thursday maintained that Brett Kebble murder-accused Glenn Agliotti played a role in the slaying of the mining magnate.
Advocate Dan Dakana, in the South Gauteng High Court in Johannesburg, argued that "despite contradictions" there was "some corroboration" in the evidence presented by the State witnesses.
The soft-spoken deputy director of public prosecutions in Gauteng was arguing against an application by the defence for a discharge in terms of Section 174 of the Criminal Procedure Act.
The evidence of the State's key witness, security boss Clinton Nassif, was slammed as contradictory by the defence, led by Advocate Laurance Hodes SC.
But Dakana maintained that Nassif wasn't "cracked" under cross examination over Agliotti's involvement in the matter.
Sign of guilt
"It is further submitted that the court should find that he played open cards with the court in so far as the accused was involved in the commission of the offences that he faces," the State argued.
To which Hodes commented: "You crack something fragile like an egg. This witness wasn't cracked, he was annihilated. He was obliterated."
He questioned how the State could lead a witness who offered plea agreements to others without first consulting the prosecution.
He added that Nassif's willingness to enter into a plea agreement was a sign of his guilt.
"Is not the wrong man in the wrong box?" he asked again, repeating a comment he made earlier in the trial.
Dakana said: "The court has the discretion on which evidence to accept and reject from Nassif.
Nassif spent days under cross-examination. Earlier in the trial he floundered and stumbled through the incessant grilling by Hodes.
Hodes on Wednesday branded him a "massive liar" and lashed the State for relying on his evidence.
Dakana reiterated that payment for the shooting of Kebble was to come from Agliotti, that Agliotti was present when Kebble's death was discussed, and that the decision to help Kebble with his "assisted suicide" was taken by both Agliotti and Nassif.
He added that the evidence showed that Agliotti had a place in the "chain of command" between Kebble, his business partner John Stratton and Nassif.
Dakana made reference to the court record in his submission to the court.
Grasping at straws
Hodes, in his reply to Dakana, stood up and furiously pointed out that the State had completely ignored the cross examination of the witnesses in the evidence.
"They are grasping at straws, with absolute respect my lord," he said.
"Its absolutely disgusting... with respect."
Kgomo intervened, saying: "Tame your language, Mr Hodes."
Hodes read out the sections of the record referred to by the State and indicated that it did not support their arguments.
"Look at the record... it's the very opposite of what they said.
"That is why I submit my lord that there is no basis to carry on with this case."
Comical moments
Kgomo postponed the matter until November 25, when he will hand down his ruling.
In closing he described the trial as "long, difficult and traumatic", with some "comical" moments.
He commended the handling of the trial by both sides.
"Let's hope that at the end of the day justice will not only prevail but will also be seen to have been done," he said, before adjourning the matter for the day.
Agliotti is facing four charges, one of murder, one charge of attempted murder and two counts of conspiracy to commit murder.
The murder charge relates to the 2005 Kebble shooting in Melrose, north of Johannesburg.
Agliotti is further accused of conspiring to kill Alan Gray auditor Stephen Mildenhall, Jean Daniel Nortier, Dr Mark Bristow and Mark Wellesley Woods.
The attempted murder charge relates to the shooting of Mildenhall in Cape Town in August 2005.
