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25 May 2012
   
 
 
Article by: Sapa

Former top cop Jackie Selebi's defence on Wednesday asked for the judge hearing his corruption case to recuse himself.

Defence lawyer Jaap Cilliers told Judge Brian Joffe he had the "unpleasant task" of applying for the judge to be removed.

A recusal is usually requested if the defence can show the judge is shown to be biased against the accused. If granted the trial would need to start again.

The defence gave no reasons for the application.

"We didn't see it coming," National Prosecuting Authority spokesperson Mthunzi Mhaga told reporters.

He said the State could not make a decision on whether to oppose the application until it saw the heads of argument from the defence. These would be filed next Wednesday and the matter heard in court next Thursday.

State witness Glenn Agliotti would not be in court that day as he had been summoned to an enquiry into slain mining magnate Brett Kebble's former head of security - Clinton Nasiff's - sequestration.

Agliotti was warned to return to court that Friday.

On Tuesday the judge and defence clashed over a line of questioning being put to Agliotti.

Cilliers was asking Agliotti about a secret recording of a meeting mentioned in Sunday's City Press. It apparently took place between Agliotti and national intelligence representatives in
January 2008.

Cilliers wanted Agliotti to comment on whether he said what he was reported as saying in the article. However Joffe said the actual video would have to be found for the line of questioning to hold substance.

Cilliers objected, saying he wanted to show that what Agliotti apparently said in the recording would contradict evidence he had given in court about whether a meeting he held later in January with the National Intelligence Agency was something which he requested, or to which he was summoned.

Joffe seemed to take exception to the tone in which he was being addressed, and said: "Mr Cilliers, please remember you are addressing me and not the witness or anyone else. You are putting to the witness a statement in news which alleges it came from him.

How much further can you take it than that?"

Cilliers replied: "I'm entitled, with great respect to test his credibility."

Selebi faces two counts of corruption and defeating the ends of justice related to payments of at least R1,2-million he allegedly received from convicted drug dealer Agliotti, former Hyundai boss Billy Rautenbach and slain mining magnate Brett Kebble.

 

Edited by: Sapa
 
 
 
 
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