THE lives of key witnesses will be in danger if crime intelligence boss Lieutenant General Richard Mdluli and his three co-accused are released on bail.
Investigating officer Colonel Kobus Roelofse said in a written affidavit that the accused knew the witnesses, despite them denying it.
Roelofse's testimony was read by state prosecutor Kholeka Gcaleka during the bail application of the accused at the packed Boksburg magistrate's court yesterday.
Gcaleka said the state was opposing bail against Mdluli and co-accused Warrant Officer Samuel Dlomo, Colonel Nkosana Ximba and Lieutenant Colonel Mtunzi-Omhle Mthembeni Mtunzi.
Roelofse, who was involved in the Glenn Agliotti case, testified that Mdluli abused his power, was caught up in a web of lies and deceit and was linked to a series of crimes from 1998.
The court heard Mdluli allegedly used his position, ranked one below police commissioner General Bheki Cele, to try and stop the investigation against him.
Roelofse described Mdluli as a jealous man who resorted to extreme measures to cover up his involvement in the murder and related crimes.
A letter penned by Mdluli, which was sent to various ministers, was used to further his argument of a plot against him. Roelofse contended that this letter showed Mdluli was using his considerable influence to stop the investigation.
He said dockets relating to the murder had disappeared and that the accused could not be trusted.
Roelofse submitted that some of the paragraphs in the top secret Ntlemeza Report were not declassified, because it would show Mdluli had instructed one of his co-accused to deal with the (Oupa) Ramogibe investigation.
The state said Mdluli declassified what he needed to, to serve his own agenda.
The classified report by Mdluli allegedly clears him of the crime and suggests top police officials conspired against him to derail his appointment.
Mdluli said earlier that the charges against him were fabricated. Yesterday, he refused to comment on this. "I will answer that only at the trial," he said.
Roelofse said given the accuseds' ranks and influence, police friends and colleagues could tamper with evidence.
Based on the gravity of the case and doubts that the accused would obey bail conditions, Roelofse said investigations were continuing and that the National Prosecuting Authority intended taking the matter to the high court.
"Investigations against the four men are almost complete. There are allegations that when Mdluli handed himself over, pictures of the investigating team were taken with reasons of intimidating them."
Gcaleka said: "Some police officers who are expected to testify are known to the accused. Their statements are missing and can only be obtained once the accused are denied bail."
She said Ximba failed to inform the court that he left the police force in 2001 and was reappointed by Mdluli in 2007. Ximba was promoted from rank of constable to colonel in the crime intelligence unit in the same year.
Ramogibe was killed 12 years ago in Vosloorus while pointing out a scene where he had survived an ambush the previous day.
Gcaleka said the state has a strong case against the accused and corroboration had been found in the witnesses' statements.
Ramogibe was killed after he had married Tshidi Buthelezi, who also had a child with Mdluli.
The two later left Vosloorus for Orange Farm, Vaal, in attempt to run away from Mdluli. Buthelezi has since passed away.