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Agliotti counsel rips into state witness

ILHAM RAWOOT | JOHANNESBURG, SOUTH AFRICA - Jul 28 2010 00:00

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Drug dealer Glenn Agliotti's defence counsel Laurance Hodes spent most of Wednesday afternoon tearing into the credibility of state witness Alexis Christopher.

Agliotti is on trial for the murder of mining magnate Brett Kebble in September 2005.

"I put it to you that no court can ever rely on your testimony," Hodes told Christopher in one of many heated exchanges.

Christopher introduced Agliotti to Guy Kebble, and subsequently to his brother Brett, after he befriended him when one of his employees "drove into the back of Agliotti's wife's car", he said. He told the court that he "grew up with Brett Kebble in the Free State".

'Hiding things'
During cross examination Christopher said that upon the request of Clinton Nassif, former security head for the Kebbles, he called Agliotti's ex-wife Vivienne in November 2006, a month after Agliotti had been arrested for Kebble's murder. He asked her to meet with Nassif on the sixth floor of the parking lot of the Hyde Park shopping centre.

Christopher owns a restaurant in the centre, Willoughby's, and is also part owner of the Italian restaurant Assaggi in Illovo.

Hodes told Christopher that he was "lying" and "hiding things", and said he had lied to Agliotti's ex-wife, and told her to come and meet him, and not Nassif. He said she had started crying because she was shocked at meeting Nassif, who allegedly gave her a message to "tell the accused to dovetail his version".

'Double role'
Agliotti was in custody at the Sandton police station at the time.

"Nassif is a big guy," said Hodes. "How would you feel if you came to a parking lot and a man like Nassif stepped out from behind a pillar?"

CONTINUES BELOW

When Christopher denied this and said that his allegiance was with the Kebbles, Hodes said: "You were playing a double role. On one hand you're friendly with the Kebbles, on the other hand you're friendly with the murderers. You wanted to be the big shot who was involved with all the heavies."

Earlier, Christopher testified that he had dinner at Assaggi with Agliotti the night before Kebble was killed, and that Agliotti had fielded numerous calls from Kebble, before leaving to meet him.

"[Agliotti] said Kebble owed him some money and he needed to sort it out," Christopher told the court.

The Mildenhall hit
On Wednesday morning, the court heard testimonies from former chief investment officer at Allan Gray, Stephen Mildenhall, who was allegedly shot on instruction from Nassif in 2005, and from Faizel "Kappie" Smith, one of the men allegedly involved in the Kebble murder and the orchestration of the shooting of Mildenhall.

The Kebble murder trial got under way on Monday after numerous postponements since Agliotti's arrest in November 2006.

Agliotti has pleaded not guilty to four charges.

State prosecutor Dan Dakana added two more charges to the indictment against Agliotti on Monday morning. They are the attempted murder of Mildenhall and conspiracy to murder Mildenhall and mining bosses Danie Nortier, Mark Bristow and Mark Wellesley-Wood.

The two initial charges against Agliotti are the murder of Kebble and conspiracy to murder Kebble.

Indemnities
The Scorpions, who took over the murder investigation from the police in 2006, came under fire for dishing out indemnity agreements to Nassif, Schultz and other people implicated in the murder.

The state has argued that Agliotti and Kebble's former business associate, John Stratton, were the masterminds behind the hit.

Stratton currently lives in Australia and efforts to extradite him to South Africa have been under way for a number of years.

Agliotti will not be prosecuted by state prosecutor Gerrie Nel, who headed the Scorpions' investigation into the criminal network around Kebble.

National Prosecuting Authority boss Menzi Simelane removed Nel and his team from the case earlier this year to focus on prosecuting Selebi.

The M&G Centre for Investigative Journalism, supported by M&G Media and the Open Society Foundation for South Africa, produced this story."www.amabhungane.co.za.

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Comments

Seems like the real criminals are the witnesses - the strangest case ever! Oh - outside of Stalin's time in the USSR

Judith Taylor on July 28, 2010, 9:52 pm

Any theories out there? - this assisted suicide is rubbish right?

s vs on July 29, 2010, 1:55 am

Unbelievable!! The real murderers and criminals are the state witnessess! Another farcical trial and blot on Pikoli's tenure as DPP! Our criminal justice system is becoming the laughing stock of the world by a disgracefull "section 204 witness"!

I hope the retired Piet Byleveldt pursue these murderers after this trial is over!

True Patriot on July 29, 2010, 10:24 am

The criminal justice system is rapidly becoming a joke. The people that did the wicked deed are the witnesses. The prosecution seems to be determined to pin it all on Agliotti with flimsy evidence. Remember, they must prove beyond reasonable doubt that Agliotti planned and executed the murder. With all the witnesses denying this then it becomes highly circumstantial. Hardly grounds to get a conviction. Looks like the prosecution has not done their job properly. All this indemnity rubbish makes them look like a bunch of bumbling fools.

Les Wil on July 29, 2010, 11:49 am

It seems like the "honest testimonies" by the three hitmen against Agliotti are actually setting him free! What a joke! I am baffled as to how you could give somebody section 204 indemnity who actually testify for the defense? So any fool can dish out something against anybody in turn for his/her "honest testimony" for the prosecution! If this was not murder it would have been the joke of the year!

True Patriot on July 29, 2010, 12:08 pm

It's all just a bunch of big lies and fabrications, ask Dave Harris, he'll tell you.

Joe Soap on July 29, 2010, 12:38 pm

I'm so confused! Can we start getting diagrams or re-enactments with these reports. Ha!

Nic S on July 30, 2010, 6:58 am