Johannesburg — THE corruption trial of former police commissioner Jackie Selebi has been delayed until next Tuesday to allow State Security Minister Siyabonga Cwele 's advocate to get further instructions.
The South Gauteng High Court ruled yesterday that former intelligence co-ordinator Barry Gilder should testify. It dismissed an application by Cwele that Gilder should not be compelled to testify because the information concerned was privileged and classified.
Judge Meyer Joffe ruled that the prosecution might ask the questions it intended to ask, but said in order to protect the concerns of Cwele about intelligence methods and intelligence sources being divulged, Gilder's testimony would be held in camera. Gilder did not testify because Cwele's advocate, Marumo Moerane SC, asked to be given a chance to obtain further instructions from Cwele.
State witness Glenn Agliotti testified that Selebi showed him the draft national intelligence estimate report, which contained an allegation from businessman Jurgen Kogl that Selebi received payments from slain mining boss Brett Kebble. Agliotti said he went to find out about who Kogl was and reported back to Selebi.
Prosecutor Gerrie Nel said that in leading Gilder's evidence, the prosecution would not disclose any intelligence methods and would not reveal any intelligence sources. "We only want testimony on the existence of the draft."
Nel said its existence was disclosed to former national director of public prosecutions Vusi Pikoli and was at least four years old.
In reply, Moerane said the Intelligence Services Act stated that a former member of the intelligence service may not disclose in any form or manner any information or any material unless the director-general concerned had granted permission.
In his ruling, Joffe said the proposed questions would not disclose intelligence-gathering methods that would undermine national security. He said if any questions were asked during cross-examination that compromised state security, Moerane could object or the judge could stop that question from being asked.
Selebi has pleaded not guilty to a count of corruption and one of defeating the ends of justice.

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