A boxer, R2-million and two botched "assisted suicide" attempts emerged in the Johannesburg High Court on Monday as details of mining magnate Brett Kebble's murder.
The state's first witness, called by Gauteng deputy director of public prosecutions Dan Dakana, was professional boxer Michael Schultz, who described how he shot and killed Kebble. "I leaned out the [car] window, pointing the firearm at him... He just lifted his shoulder, his right shoulder, and looked in front... I aimed at his head and pulled the trigger, but the weapon did not discharge," Schultz told the court, describing the night of September 27, 2005.
He was testifying as state witness in the trial of convicted drug trafficker Glenn Agliotti, who faced four charges, two related to Kebble's murder. After the gun - which Schultz kept in a kitbag - failed to discharge the first time, he and two other accomplices turned state witnesses, Faizel Smith and Nigel McGurk, drove off. After inspecting the weapon, they returned and found Kebble in his vehicle and tried again. "I leaned out of the window and pointed the firearm... Once again the gun did not discharge."
Schultz said he then told Kebble to wait for him. The trio drove away for the second time. He inspected the gun. They made a U-turn and returned to where they had left Kebble. However, Kebble had driven off. They stopped their car and saw him coming towards them. They flashed their headlights at him. He made a U-turn and "stopped hard" next to them. "I could see the disappointment in his face, he gave me a look like to say 'get this over with, you're putting me through hell'," Schultz said.
Schultz leaned out of the window and this time aimed for Kebble's body. "I pulled the trigger, this time the gun fired. I kept firing." He could not remember how many times he shot, but recalled that one of his instructions was that Kebble should not suffer.
The three then drove away. Schultz looked back and saw Kebble's car rolling forward and hitting the pavement. They sped from the scene in Melrose Street in Johannesburg to Smith's panel-beating business, where Smith cut the gun into pieces and said he would dispose of it. The next morning Schultz got up and went to gym.
During cross-examination, Agliotti's lawyer Laurence Hodes SC put it to Schultz that his client "never ever conspired with you to aid the murder of Roger Brett Kebble". To which Schultz replied: "No, he didn't." Hodes then asked Schultz whether he agreed that Agliotti had not "in any manner" killed the mining magnate. Schultz replied: "I agree." He asked Schultz whether, to his knowledge, Agliotti had received part of the R2-million offered by Kebble to help him die. "Not from the R2-million, no, not to my knowledge," he replied.
Schultz could gain indemnity from prosecution for his role in the murder if the court finds his testimony truthful.
Agliotti faces two counts of conspiracy to commit murder, a charge of attempted murder and one of murder. The first count is conspiracy to commit the murders of Mark Bristow, Jean Daniel Nortier, Mark Wellesley-Woods and Stephen Mildenhall. The second count is the attempted murder of Stephen Mildenhall. The last two are conspiracy to murder Kebble and Kebble's murder.
Judge Frans Kgomo adjourned the matter until Tuesday morning.
Source: IoL
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