Transcripts of the in camera testimony of former intelligence coordinator Barry Gilder must be made public, Judge Meyer Joffe ruled in the High Court in Johannesburg on Monday.
They contain evidence that Gilder gave on a 2005 draft intelligence report containing a single paragraph about allegedly untoward payments former top cop Jackie Selebi received from slain mining magnate Brett Kebble.
The transcripts would be available once they had been typed out, but meanwhile, the National Prosecuting Authority (NPA) released portions to the media that had been handed in to the court record.
The claim in the draft document was apparently made by businessperson Jurgen Kogl.
The report reads in part: "Very little intelligence has come to light on the matter. Intelligence indicates that individuals sympathising with Mr [Jacob] Zuma, namely Jurgen Kogl, a businessman, and Maurice Brugee, an alleged French intelligence agent, are seeking to discredit the President [former President Thabo Mbeki].
"It was partly triggered by the [Directorate of Special Operations] having targeted Kogl... The latter is gathering information on supposed illegal activities of SAPS National Commissioner Jackie Selebi. He claims that the national commissioner received large sums of money from the Kebbles emanating from questionable business deals concluded on his behalf."
At the time of the report, Gilder was the coordinator for intelligence and chairperson of the National Intelligence Coordinating Committee.
Selebi's legal team had asked that everything be made public to allay speculation that he was being shielded by the government.
"Our concern is that our client has been the object of huge media speculation that the government is assisting the accused in any way.
"As far as we are concerned, this will give rise to speculation that something is being hidden.
"We'd like the public to have access to everything, because there's no bearing on State security," Selebi's counsel Jaap Cilliers told the court.
However, Marumo Moerane, appearing for the State Security Ministry, requested that portions of the transcript not be made public.
Joffe ordered only one page restricted.
The transcripts would be available in a day or two, said NPA spokesperson Mthunzi Mhaga.
He would not divulge details of Gilder's testimony, referring the media to the transcript.
Selebi, who is facing a count of corruption and another of defeating the ends of justice, spoke to his defence team following the announcement and quietly made his way out of court when the matter was stood down for Tuesday.
The charges against Selebi pertain to an amount of R1,2-million he allegedly received from Kebble, convicted drug trafficker Glenn Agliotti and ex-Hyundai boss Billy Rautenbach in return for favours.
He has pleaded not guilty to all the charges.
The trial continues on Tuesday and the State would possibly close its case.
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