A Scorpions subpoena obtained by the Mail & Guardian outlines the full scope of project "Bad Guys" -- the elite unit's investigation into the allegedly criminal network surrounding Brett Kebble; the network's role in or after Kebble's murder; and police National Commissioner Jackie Selebi's proximity to the network.
The Scorpions' arrest last week of Kebble security adviser Clinton Nassif, although on a relatively minor charge, appears to represent a breakthrough: Nassif features in each of the main strands of the investigation. Nassif handed himself over to the Scorpions last Thursday after they had issued a warrant for his arrest. This was two days before he would have left for the United States, where, on his own version, he intended to set up a call-centre business. He had already sold some of his properties in South Africa.
Nassif is said to have also put his main business, the Central National Security Group (CNSG), on the market. CNSG was contracted to Kebble's former company, JCI, providing services ranging from physical security to intelligence and investigations. The immediate charge against Nassif is one of insurance fraud -- he allegedly had his Mercedes dropped by a forklift in 2004 to increase the damage after he had been involved in a relatively minor accident. He claimed R500 000 from his insurers. Nassif, who denies the charge, was released on R300 000 bail a day after his arrest. Bail was not opposed by the National Prosecuting Authority (NPA), leading to speculation that he might have agreed to turn state witness in the wider investigation.
The first official confirmation of the extensive nature of the investigation appears in subpoenas issued by the Scorpions to potential witnesses against Nassif. The subpoenas were issued under a section of the NPA Act which compels witnesses to answer questions posed by investigators and to hand over evidence.
The M&G has obtained a copy of the subpoena from one of these witnesses. The subpoena states the project name of the investigation -- "Bad Guys" -- and then lists the offences being investigated: corruption, defeating the ends of justice, contravention of the Prevention of Organised Crime Act, fraud, contravention of the Drugs and Drug Trafficking Act, conspiracy to murder and murder. The fact that the subpoenas locate Nassif's alleged insurance fraud in the context of this wider investigation is evidence of his central role in the network surrounding Kebble, and the fact that the Scorpions regard his arrest as a stepping stone to solving much more serious crimes.
The central strands under investigation in project "Bad Guys", and Nassif's alleged connection with them, are as follows:
Conspiracy to murder and murder
The role of Nassif and CNSG in the removal of Kebble's car from police custody the day after he was murdered -- allegedly to be cleaned, and before police had conducted a proper forensic investigation -- suggests an attempt at a cover-up after the murder.
Noteworthy in this episode is the confusion between the roles of the police and of operators in Nassif's CNSG in the early stages of the murder investigation.
From the Scorpions' subpoena and the context it is clear that project "Bad Guys" includes an investigation of the Kebble murder. This raises the possibility that the Scorpions believe Kebble was killed by members of the network he had assembled around him.
Corruption
For some time, the M&G has known of allegations, derived inter alia from reports of an informer close to CNSG, that Nassif and others in the network had paid Selebi. The Sunday Times brought this allegation into the open last weekend, adding that "police have repudiated this claim".
The M&G is not aware of a direct relationship between Nassif and Selebi.
However, Nassif's empowerment partner at CNSG used to be Nontombi Matshoba, Selebi's African National Congress secretary before he entered government in 1994.
Nassif is close to Glenn Agliotti, who also consulted for JCI under Kebble. Agliotti is the businessperson -- and drug smuggling suspect -- whom Selebi has described as "my friend, finish and klaar". Selebi has subsequently tried to downplay their relationship, while Agliotti has denied involvement in crime.
According to one source with intimate knowledge of CNSG, Nassif and Agliotti were introduced to JCI by Paul Stemmet, whose security company, Palto, controversially performed undercover operations for police.
Stemmet habitually boasted he was acting under Selebi's authority. Several sources have said Nassif and Agliotti later fell out with Stemmet.
The M&G has repeatedly underscored the Scorpions' interest in the relationship between Selebi and members of the network. The implication is that Selebi is under investigation.
However, Selebi has told the M&G that he has nothing to fear. "I still insist that if the Scorpions come here with an investigation against me, I am not concerned. I know these hands are not dirty."
Drug trafficking and organised crime
The M&G has reported extensively on the relationship between a major Scorpions drug bust in July and the wider investigation now known to be project "Bad Guys".
Scorpions investigators -- the same as those looking at the network around Kebble -- arrested five suspected members of an international drug syndicate, confiscating hashish and compressed dagga with a street value of between R100-million and R200-million. Key among those arrested was Stephanos Paparas, who has links with Agliotti.
From Scorpions court papers it emerged that they regarded "the Landlord" - Agliotti's code name - as a boss of the drugs syndicate. They have since searched Agliotti's home and business premises.
The wording of the search warrant, obtained by the M&G, makes it clear the investigation also encompassed the role of Stemmet and senior police persons.
Nassif and Agliotti's relationship is believed to have extended well beyond their work for JCI under Kebble. In an affidavit submitted to the Randburg Regional Court last Friday in support of his bail application, Nassif described his plan to set up a call-centre business in Los Angeles and described a visit to the US in July. Several sources confirm Agliotti joined Nassif on that trip.
Nassif's lawyer, Tammo Vink, said M&G questions could not be considered in the available time.
Nassif's cover-up?
It is little surprise that Nassif now features in the Scorpions investigation of the Kebble murder -- his role in the aftermath of the killing was almost immediately controversial. Nassif's actions regarding the car Kebble was driving when he was shot looked like an attempt to prevent a proper forensic examination, though Nassif has defended his actions as entirely innocent.
The treatment of Kebble's Mercedes-Benz S-Class in the aftermath of a high-profile murder was extraordinary. Almost before the mining tycoon's blood was dry, the vehicle was removed from the crime scene to Wynberg police station, where it did not stay for long.
Mark Groenewald, a co-owner of Danmar Autobody panel-beaters, told the M&G that Nassif phoned him at about 11am, the day after the murder, requesting him to collect the vehicle. Nassif told Groenewald that Captain Henry Beukes would authorise the release of the vehicle. Beukes, it has since emerged, was an ex-policeman employed by Nassif. According to Groenewald, Nassif called later the same day, saying members of the Kebble family were flying into Johannesburg and asking that the car be given a complete valet cleaning service.
Nassif has previously denied issuing such an instruction. Meanwhile, Groenewald consulted the car's insurance agent and was warned against cleaning the car. It was therefore covered and left uncleaned. Groenewald said he was subsequently made aware that independent forensic investigator David Klatzow wanted to inspect the vehicle. Klatzow had been appointed by the Kebble family to conduct independent investigations alongside the police.
However, before the inspection could take place, Nassif phoned from Cape Town and attempted to have the car released to his employees from Central National Security. It appears he was aware of the attempt by Klatzow to gain access to the vehicle. Groenewald eventually released the car to the official investigating officer, Captain Johan "Dick" Diedericks, but it was reported at the time that an employee of Nassif, Andre Burger, accompanied Diedericks.
Klatzow was the first to raise the alarm about the removal of the car from the crime scene, and what he calls "unheard of" weaknesses in the police investigation. Klatzow says that when he arrived in Johannesburg three days after the murder, informers were already telling him about the involvement of Kebble associates in the murder. He visited the crime scene, and met with police ballistics and blood-splatter experts. "I discovered that they had not yet examined the car, nor had they properly examined the scene. They hadn't looked for spent cartridges by the side of the road, they hadn't looked for the weapon in the nearby stream."
Later that morning Klatzow was able to view the Mercedes for the first time at Danmar's premises. "I then heard that Nassif was having the car released to him, and I asked [Kebble adviser] Willem Heath to intervene. I wanted to examine the car the next day in the presence of the police experts, but they told me they had been ordered 'from on high' not to examine the car in my presence."
According to Klatzow, Heath's son Marius then called him to terminate his involvement in the investigation, on the basis that Selebi had protested to Roger Kebble about Klatzow's role. Selebi has previously denied this.
The ballistic evidence, Klatzow maintains, points to the probable involvement of people in the security establishment, who favour the kind of low velocity rounds which killed Kebble.
Source: Mail & Guardian
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