Johannesburg – The state security ministry yesterday brought an application to prevent an ex-intelligence official from testifying in the corruption case against former national police commissioner Jackie Selebi.

Representing the ministry, lawyer Marumo Moerane told the High Court here that the information former national intelligence co-ordinator Barry Gilder would be required to disclose was “classified, privileged information”.

Gilder was a member of the intelligence service until October 2007.

The application opposing his appearance was brought by State Security Minister Siyabonga Cwele and the department’s director general, Moerane told the court.

Gilder is expected to testify about a 2005 draft intelligence report which contains a paragraph about allegedly untoward payments Selebi received from murdered mining magnate Brett Kebble. The claim in the draft document is apparently made by businessman Jurgen Kogl.

Prosecutor Gerrie Nel submitted that the part of the report relating to Selebi was already in the public domain.

He said he was “sensitive” to the intelligence ministry’s desire to protect sources and methods of gathering information. “But, M’lord, I’m just saying the application by Moerane is premature. The state will not lead any evidence that may prejudice their security.”

Judge Meyer Joffe said both the state and Gilder’s representatives would need to present arguments. “I’m not sure why we cannot cater for every eventuality. We could hear it initially in camera and make a decision afterwards if the evidence can be made public. I’d like you to consider that,” he told both legal teams.

Earlier, the chief investigating officer in the Selebi case, Andrew Leask, denied during cross-examination that there was a hidden agenda. Defence lawyer Jaap Cilliers had put it to him: “The prosecution of the accused was in fact decided on with an ulterior motive.”

During Leask’s cross-examination, the state came under fire for making indemnity deals with confessed criminals in exchange for testimony. Cilliers asked Leask why deals were made with people like Clinton Nassif, the former security head of slain mining magnate Brett Kebble, and convicted drug trafficker Glenn Agliotti. – Sapa