Police commissioner Jackie Selebi was not entitled to every document in the possession of the National Prosecuting Authority, the Johannesburg high court heard yesterday.
NPA prosecutor Gerrie Nel said the state was not obliged to furnish Selebi's defence with affidavits of witnesses. He said Selebi did not need all the documents to defend his corruption and defeating the ends of justice trial.
He said Selebi's defence, however, had the right to interview any of the witnesses.
Selebi is applying to the court to force the NPA to hand over the documents containing statements by witnesses who will testify against him.
Nel argued yesterday that handing over everything the defence wanted could compromise the investigation of other cases.
"Selebi has no right to access investigative methods, and he is not entitled to documents."
He said Selebi's defence had in its possession affidavits of Clinton Nassif and Glenn Agliotti.
"I gave them the affidavits, but they have no right to evidence. They are not entitled to it," said Nel.
He said the defence wanted the NPA to hand over records, bank statements, deposit slips and telephone records of the witnesses.
"We gave them every information relevant for the purpose of the case, but they ask for further information. They want evidence," he said.