'No proof of guilt in Selebi case'

Jackie Selebi's defence team made an impassioned plea for the acquittal of the former top cop yesterday as they argued their case for the last time in the Johannesburg High Court.

Jaap Cilliers, the advocate who has lead Selebi's defence team, told the court: "The state, with their method of investigation, created the opportunity for an unscrupulous witness like [convicted druglord Glenn] Agliotti to fabricate false evidence regarding alleged payments to the accused."

Prosecutor Gerrie Nel earlier yesterday concluded his final arguments to have Selebi convicted on charges of corruption and defeating the ends of justice, by calling Selebi an "arrogant and disrespectful liar".

Selebi - who pleaded not guilty to receiving gifts and R1.2-million in cash from Agliotti, slain mining magnate Brett Kebble and controversial businessman Billy Rautenbach - claimed from the onset of his trial that he was the victim not only of a political conspiracy by the former Scorpions, but also of a "malicious prosecution".

Cilliers said "somebody out there is going out of his way, making false allegations".

He told the court that the prosecution, through its lack of "detailed" evidence, had not proved its case and that it was not up to the defence to prove Selebi's innocence.

Judge Meyer Joffe responded: "I am aware it is a criminal case. Secondly, I am aware that the state must prove its case beyond reasonable doubt and thirdly that the onus is on the state to prove their case. I just want you to know I am aware of those three things."

Cilliers then accused the state of "manufacturing" charges against Selebi relating to allegations that Kebble and his business partner, John Stratton, "arranged a meeting facilitated by [Paul] Stemmet with Agliotti".

"Either someone misled the state that there were meetings to bribe Selebi, or that state manufactured the allegations themselves," he said, adding that the prosecution had not proved any such "conspiracy meetings" took place to discuss bribing Selebi.

Cilliers then tore into Agliotti's evidence and character, saying he "has no [respect] for the truth or for the oath".

"He will say whatever he deems to be in his favour . he is intelligent and can manipulate stories," Cilliers charged. "No court can ever believe Mr Agliotti in anything he says - especially when there is an onus on the state to prove a case beyond reasonable doubt."

The state's case was further comprised by the fact that the state had granted Agliotti indemnity in exchange for his testimony, Cilliers said.

Arguments continue today.