Former police chief Jackie Selebi was entitled to an acquittal on his corruption charges as the State has failed to prove his guilt, the High Court in Johannesburg heard on Wednesday.
Selebi's lawyer Jaap Cilliers said that the State failed to prove allegations against Selebi beyond reasonable doubt and based its case on an "unreliable" witness whose evidence contradicted information contained in the charge sheet.
"They [the State], through their own witness, destroyed their whole case. We submit that the case starts with false allegations against the accused... and that the State disingenuously made a case without substantiating facts.
"The witness [Glenn Agliotti] deliberately misled the court... his evidence contradicted the charge sheet. The State's case is completely unreliable," Cilliers said.
The prosecution also failed to prove the existence of a corrupt relationship between Selebi and Agliotti, a convicted drug trafficker, he said.
"Agliotti, in his own evidence, said that he had applied for various tenders from police but never got any. Isn't that the possible indication that there was no corrupt relationship?
"There is no evidence in the State's case indicating any unlawful conduct by the accused... no reasonable court will find evidence of an improper or corrupt relationship. The accused is entitled to an acquittal on the basis that the witness [Agliotti] has said that he [Selebi] never received a bribe."
Cilliers also questioned charges of defeating the ends of justice, saying that the prosecution had failed to prove beyond a reasonable doubt that Selebi showed Agliotti classified information.
Agliotti previously said that Selebi showed him a National Intelligence Agency draft report and a UK customs office report in July 2006.
While testifying last year, Agliotti said: "He [Selebi] wanted to make me aware of the fact that the authorities in the UK were monitoring my movements and he told me so.
"I said to him that I had nothing to worry about. It didn't concern me. He [Selebi] just said that I was being monitored by the authorities... in the UK and I asked him for a copy of the document and he said that I could not have a copy of the document. He then departed."
The UK report detailed Agliotti's trips to London, his contact details and alleged that he transported significant quantities of cocaine.
"There can be no basis that the accused defeated the ends of justice by attending dinners and functions with friends. The State cannot prove beyond a reasonable doubt that Agliotti was shown the report," said Cilliers.
He is expected to close his arguments on Thursday morning. The State will then oppose the application for Selebi's acquittal.
In its heads of argument, the State argues that "the fact that there may be discrepancies between Agliotti's evidence and that of other witnesses is no ground to discharge the State's case.
"It is the State's argument that we have done more than present evidence upon which the accused might reasonably be convicted. In our view, we respectfully submit, that we have made out a prima facie case that the accused is guilty of corruption and defeating the ends of justice.
"Agliotti clearly had knowledge of the reports and he indicated that this knowledge was as a result of the accused having shown him the reports," the document reads.
Selebi faces a charge of corruption and defeating the ends of justice. He has pleaded not guilty.
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