Pikoli was ready to defy Mbeki over Selebi
Publish date: 09 July 2008
Issue Number: 2106
Diary: Legalbrief Today
Category: Corruption
Suspended NPA boss Vusi Pikoli was prepared to defy President Thabo Mbeki in his pursuit of National Police Commissioner Jackie Selebi.
This emerged during cross-examination at the Ginwala Commission of Inquiry into Pikoli's suspension, which continued yesterday. According to Pikoli, he informed Mbeki of his decision to arrest the police chief at a meeting to ensure that Mbeki created 'an enabling environment' for the execution of the arrest warrants. He added Mbeki requested two weeks to attend to the issue. But Pikoli, fearing information might leak, insisted on giving Mbeki only a week to comply. When pressed under cross-examination on what he would have done if Mbeki asked for more time, he responded he would have defied him.
Full report in The Citizen
Nthai alleged Pikoli had contravened several laws by entering into 'defective and unlawful' plea bargains. The plea bargains in question, according to a Beeld report, included convicted criminals Clinton Nassif and Glenn Agliotti. They were drafted by the Scorpions last year and ratified by the High Court. Nassif and Agliotti are expected to testify in the trial of Selebi. The plea bargains were enough reason to suspend Pikoli, Nthai argued. But Pikoli argued that there was nothing untoward about the plea bargains in question. He also denied the Scorpions had flouted law in any way.
Full Beeld report
Gerrie Nel, the Scorpion involved in making the plea agreement, had earlier denied they were entered into for the sole purpose of extracting evidence implicating Selebi. According to Business Day, he said the exchange was actually for evidence against Steve Paparas, the 'main player' in a drug ring. Pikoli said the fact that Agliotti and Nassif were willing to aid the state in other investigations was just a factor for the court to consider when determining their sentence. A policy directive on bargains gave prosecutors discretion, he said.
Full Business Day report
Pikoli says he didn't intend turning the country into a 'wasteland' due to a backlash caused by arresting Selebi. A Mail & Guardian Online report says he told the inquiry the NPA's work would not have been compromised if Selebi had been arrested just as 'Joe Soap', without his police title and as the head of Interpol. 'But we needed to do what we needed to do,' he said, adding that everyone was equal before the law. According to an SABC News report, he also said the NPA would not be held to ransom by police threatening to take up arms if their boss was arrested. He said: 'You can't have a situation where the country is going to be held ransom by police officers who have no respect for the law.' Pikoli added that in the week before his suspension, the issue was not about prosecutorial independence, because the decision had already been taken to prosecute Selebi. It was more about not having a crisis or an area of embarrassment for the country.
Full Mail & Guardian Online report
Full SABC News report
The inquiry will leave several questions unanswered as neither President Thabo Mbeki nor Justice Minister Brigitte Mabandla will testify. According to a report in Die Burger, the state decided not to call them and it seems certain Frene Ginwala also has no plans to call them. She said that she hoped to conclude the inquiry tomorrow (Thursday).
Full report in Die Burger