THE apparent existence of another secret tape showing State witness Glenn Agliotti talking to National Intelligence Agency (NIA) representatives caused waves in the High Court in Johannesburg today (October 20).

The existence of the second recording emerged in a City Press article published on Sunday, but the defence and State in the corruption trial of former police head Jackie Selebi said they were ignorant of it.

Convicted drug trafficker Agliotti told defence lawyer Jaap Cilliers he had no knowledge of the video.

Cilliers was then stopped from further questioning of Agliotti, who was told to leave the room while the court discussed how it should deal with the alleged second recording.

Cilliers said he wanted to discuss the recording because it would show Agliotti had “deliberately misled” the court about various events.

Prosecutor Gerrie Nel said an attempt to obtain the recording should be made before the court could proceed further.

“Whoever is now in possession of that DVD must explain… We can’t allow a witness to be examined about the contents of a newspaper article,” he said.

Cilliers said he was willing to try to track down the recording.

Judge Meyer Joffe said his main concern was what kind of influence the person who leaked the alleged recording to the media was trying to exert.

“Somebody is trying to influence the proceedings of the trial and that is of more concern than anything else… “They are using this newspaper… with the intention to influence proceedings in the court and not with evidence in this court.”

The recording follows on from one shown last week to the court as provisional evidence. The first recording was of a discussion between Agliotti, NIA officials and police commissioner Mulangi Mphego, on January 7.

The new recording apparently shows a meeting at a Sandton hotel between Agliotti and the NIA recorded on January 4.

In it, Agliotti hands over an affidavit complaining the Scorpions’ investigation into Selebi was a political conspiracy.

The City Press article reported Agliotti requested the January 7 meeting to add more information to the statement.

“Look, there are some things that I left out in the statement that I want to share with you… This is my brother (pointing to Mphego), and I’m willing to meet him again,” the article quotes Agliotti as saying.

It then provides an extract of what Mphego allegedly tells Agliotti in the recording: “Glenn I don’t want to see you without your lawyer. And you know I record people. I’m going to bring Hollywood cameras, so make sure your lawyer is here.”

Cilliers alleges this could show Agliotti “lied” because previously the witness had alluded to being asked to meet on January 7, rather than requesting the meeting himself.

Earlier, during cross-examination, Agliotti, wearing a striped tie, disagreed with Cilliers’ assertion that the only gift Selebi remembered receiving from his once friend was a swiss knife on one of his birthdays.

“I would not insult the accused by giving him a swiss army knife,” replied Agliotti in apparent shock.

Agliotti was also adamant he gave Selebi a Canali tie, despite Cilliers denying this had happened.

Agliotti also said that while “Selebi gave him advice” including showing him intelligence reports tracking his movements, he never perceived it as a “return”.

“I would never have wanted to compromise the accused and I don’t believe I did… I didn’t do it consciously and I didn’t want to.”

Agliotti has made a deal with the State in the Selebi case and will receive indemnity from prosecution on charges including corruption, money laundering, racketeering and defeating the ends of justice if he testifies “frankly and honestly”.

Selebi faces two counts of corruption and defeating the ends of justice related to payments of at least R1,2-million he allegedly received from Agliotti, former Hyundai boss Billy Rautenbach and slain mining magnate Brett Kebble. – Sapa