Johannesburg — THE South Gauteng High Court in Johannesburg will hear arguments today on whether a video recording featuring the state's first witness in the corruption trial of former police commissioner Jackie Selebi should be screened.

Selebi's advocate, Jaap Cilliers SC, told the court yesterday that the recording of the conversations that convicted drug dealer Glenn Agliotti had with the former police director of crime intelligence, Mulangi Mphego, and National Intelligence Agency (NIA) operations deputy director-general Arthur Fraser on January 8 last year was likely to lead to the end of the state's case.

Selebi has pleaded not guilty to three counts of corruption and one of defeating the administration of justice. The charges relate to payments Selebi allegedly received from Agliotti, from slain mining magnate Brett Kebble and from former Hyundai boss Billy Rautenbach for favours and in return for protecting them from criminal investigations.

Judge Meyer Joffe said he would hear full argument before deciding whether the recording could be viewed as evidence, or if a trial within a trial should be held to determine the video's admissibility.

Before Cilliers could put questions to Agliotti concerning the recording, prosecutor Gerrie Nel objected to the use of the recording, and said Agliotti had asked that the meeting be off the record.

Agliotti said the meeting of January 8 followed a statement he made to the NIA on January 4 and he said he had elaborated on the issues he raised in that statement. In the January 4 statement, Agliotti said he maintained to the now-defunct Scorpions that he had never bribed Selebi at all.

When asked by Cilliers whether he gave more information during the subsequent interview, Agliotti did not answer the question but stated that he made it clear to Mphego that the meeting was to be off the record and that he wanted to consult a legal representative.

When asked if he had deliberately lied at the meeting, he first said he could not recall. Cilliers persisted with the question and asked if Agliotti had gone to the meeting with the intention of deliberately lying. Agliotti said he had not. Agliotti agreed with Cilliers that the issues he (Agliotti) raised during the meeting were of "extreme relevance" to Selebi's case.

Nel objected to the screening of the recording, which runs for just over an hour, when Cilliers asked Agliotti whether he had any objection to the video being shown.

Nel said Agliotti was given the assurance that the recording was for intelligence-gathering purposes and he had been misled.

Nel said for the evidence to be admitted, it must be legally obtained.

However, Cilliers said the arrangement was that the recording would be done under oath, but Agliotti arrived at the meeting without his legal representatives. Cilliers said Agliotti had agreed that the interview could take place.

Cilliers said the screening of the video was based on the fundamental right of the accused to have a fair trial, which included the right to adduce and challenge evidence.

"That video is absolutely relevant to the case. What he said there was the truth."

Cilliers said he was perturbed by the prosecution's opposition to the screening of the video, which might lead to Selebi's acquittal.