Former prosecutions boss Vusi Pikoli
testified on Tuesday he would not have withdrawn criminal charges against
President Jacob Zuma if he was still heading the National Prosecuting Authority
(NPA). *1
Pikoli was testifying at the corruption trial of former
police national commissioner Jackie Selebi at the South Gauteng High Court.
He also accused Selebi of having an "evil and cruel mind".
Pikoli was questioned by Selebi's council, Jaap Cilliers, about the alleged
interference of Pikoli's predecessor, Bulelani Ngcuka, in the work of the
Scorpions.
According to Cilliers, acting NPA head Mokotedi Mpshe "emphatically" stated in
his announcement to withdraw the corruption charges against Zuma that Ngcuka
still exerted "strong influence" over the Scorpions after he left office in
2005.
Pikoli responded that he didn't know what Mpshe based his statements on.
"Do you agree with what he said, with his view of the matter?" Cilliers asked,
to which Pikoli answered: "I would've arrived at a different conclusion. I
would've admitted that there was improper conduct, but as to whether it went to
the heart of the investigation, that is something I would've looked at
differently."
Mpshe withdrew the charges against Zuma in April after Zuma's lawyer presented
him with transcripts of intercepted conversations between Ngcuka and former
Scorpions boss Leonard McCarthy, allegedly pointing to political interference in
Zuma's prosecution.
'I wish you would refrain from repeating lies'
Pikoli and Cilliers were at loggerheads on Tuesday afternoon as Cilliers
accused Pikoli of an "ulterior motive that you and the DSO [Scorpions] had in
dealing with the case against the accused".
He was referring to the several indemnities that the NPA had given to people
like Clinton Nassif and the three assassins who allegedly carried out the murder
of Brett Kebble -- Mikey Schultz, Faizel Smith and Nigel McGurk -- in order to
obtain information about Selebi.
Pikoli responded: "I take offence to you saying there is an ulterior motive."
Cilliers persisted, and said: "The ulterior motive is further indicated by your
conduct after the confrontation that the accused had with you." Cilliers had
earlier told the court that Selebi said he had summoned Pikoli to discuss the
ethics of his wife's shares in Vulisango, a company indirectly owned by the
Kebbles.
A fuming Pikoli -- who denied that such a meeting ever happened and claimed to
have no knowledge that the company was related to the Kebbles -- said: "I wish
you would refrain from repeating lies. You can say a thousand lies … I took an
oath to tell the truth. The accused never confronted me on these allegations …
It's only the work of an evil and cruel mind that can concoct such things when
they never happened."
International intelligence agencies
Earlier, Pikoli told the South Gauteng High Court that the so-called
international intelligence agency that trained the Scorpions also coached the
police and National Intelligence Agency.
A visibly upset Pikoli responded to questions by Cilliers about the Scorpions'
alleged involvement with foreign intelligence agencies.
"For the DSO [the Scorpions] to be singled out … I find it unacceptable. The
same Kroll agency that organised training for the DSO also provided training to
the intelligence agency and the police. It was a government arrangement," Pikoli
told court.
Kroll is an international risk consulting firm based in New York.
During the 2005 Khampepe hearings into the future of the Scorpions, Selebi and
former spy boss Billy Masetlha accused the Scorpions of being infiltrated by
international intelligence agencies.
City Press reported at the time that Masetlha referred to Kroll by name
in his written submission to the inquiry.
Cilliers also intimated that former Scorpion Robyn Plitt and Paul O'Sullivan,
the former head of security at OR Tambo Airport, respectively worked for
American and British intelligence agencies.
Pikoli said he had no knowledge of Plitt allegedly working for the Federal
Bureau of Investigation (FBI). He did, however, confirm that Plitt resigned from
the Scorpions and is now living in America.
Cilliers started questioning Pikoli on O'Sullivan's role in the Selebi
investigation before court adjourned for lunch.
According to Cilliers there was an "enormous feud" between Selebi and
O'Sullivan, a British citizen, during 2005 and 2006. O'Sullivan allegedly
obtained statements for the Scorpions and even negotiated indemnities with
witnesses.
Pikoli responded to this by saying: "There are no laws prohibiting citizens or
residents from assisting in criminal investigations. When some issues came up
over Paul O'Sullivan, I told the [investigation] team in no uncertain terms I
don't want him involved in the investigation."
Pikoli did credit O'Sullivan for providing the Scorpions with information that
led to the arrest of alleged drug dealer Steve Paparas.
With acknowledgements to Adriaan Basson, Ilham Rawoot
and Mail and Guardian.
*1Like this gadfly has said many
times before, this is my theory and I'm sticking to it closer than a gadfly to a
horse, Pikoli was removed from office because of the Arms Deal.
Not only would Pikoli not have withdrawn charges against Zuma and the Two Thints,
but he was getting very close to a full blown investigation of the role of
Mbeki, in both the German and French legs.
A deal was made between Zuma and Mbeki that first the wherewithal would be put
in place by Mbeki to get the charges withdrawn against Zuma and that whatever
happened the quid pro quo was that Mbeki would never be investigated.