Former prosecutions head Menzi Simelane found himself in a tight spot on Wednesday when he was accused of asking his lawyer's advice while he was giving evidence in a misconduct inquiry. Simelane had written a note, purportedly for the attention of his attorney, Osborne Molatudi, who was sitting next to him.The note read: “Is it to clarify/explain or should I say yes/no/disagree?”Advocate Mike Hellens, representing the Johannesburg Society of Advocates, was cross-examining Simelane at the time.The misconduct charges against Simelane relate to his conduct during an inquiry into the fitness of former prosecutions head Vusi Pikoli to hold office, in which chairwoman Frene Ginwala found that Simelane’s conduct left much to be desired.The Johannesburg Society of Advocates instituted an inquiry to ascertain whether or not Simelane was a fit and proper person to remain on the roll of advocates. It started on Monday.Hellens asked for the note Simelane wrote to be handed over to him.Hellens accused Simelane of asking advice from his attorney on how to deal with questions.Molatudi denied reading the note and claimed he had ignored it. Simelane said he wrote the note to “raise it” during the break.Chair of the disciplinary panel Advocate Sias Reyneke expressed concern about Simelane’s answer.Simelane agreed with Hellens that he should not have regard for strategy and tactics in answering the questions but respond honestly.“How can you choose, when asked a question, which strategy to adopt,” Hellens asked. Simelane said he could choose how best to answer the question.Another member of the disciplinary panel, Advocate Daniel Berger, asked Simelane whether he was aware that he was not allowed to consult with his attorney during cross-examination. Simelane said he knew that.Simelane maintained he did not take a decision to withhold correspondence, which dealt with circumstances and events leading to the suspension of Pikoli in September 2007, from the Ginwala Inquiry.He also denied that a letter he wrote on behalf of former justice minister Brigitte Mabandla in September 2007 was an attempt to interfere with the prosecutorial independence of the National Prosecuting Authority.In the letter dated September 18, Pikoli was instructed to stop any plan to arrest and prosecute the former commissioner of police Jackie Selebi until Mabandla was satisfied that there was sufficient information and evidence to do so.Simelane said he did not think the letter by Mabandla constituted interference. This was because nothing could stop Pikoli from exercising his powers to prosecute.The inquiry was postponed to a date still to be determined...