Agliotti back in court

The State has failed to prove that Glenn Agliotti guilt, the Johannesburg high court heard this morning

In an application for charges against him to be dropped, Agliotti's lawyer Lawrence Hodes argued that a mystery statement, out of all evidence before court, was the only thing that implicated his client in the crime.

He argued that even the investigating officer Colonel Pieter van Heerden did not know about the statement.

"We don't know where the statement came from, infact we are thankful to Van Heerden for coming out and telling this court that he did not know where the statement came from, it arose during consultations," he said.

Hodes also argued that there was no evidence to prove that Agliotti was the one who paid Nigel McGurk, Faizel Smith and Michael Schultz to kill mining magnate Brett Kebble in 2005.

All three men, including Kebble's security chief Clinton Nassif, turned state witness. They all testified that the murder was an assisted suicide.

"Nassif admitted he planned everything and never siscussed the date with he accused. So where is the conspiracy of common course there? infact the shooters told the court that they were not paid," said Hodes.

Agliotti is charged with the attempted murder Stephen Mildenhall, a Cape Town auditor whose investigation found that some of Kebble's companies were operating illegaly in 2005.

He has pleaded not guilty on all charges.