Cwele judge to rule on intercepted calls

THE state intends producing intercepted calls between drug trafficking accused Sheryl Cwele, her co-accused Frank Nabolisa and a convicted drug mule Tessa Beetge as evidence in their trial, the Pietermaritzburg high court heard yesterday.

Prosecutor Ian Cooke told the court that the matter could not proceed yesterday because the defence opposed the calls being admitted as evidence. Cooke said the calls would give a detailed picture of what went on between Cwele, wife of State Security Minister Siyabonga Cwele, Nabolisa and Beetge.

Cwele's counsel, Mvuseni Ngubane, and Nabolisa's advocate Koos van Vuuren, said they would argue the admissibility of the calls on a point of law. Judge Piet Koen said the argument over the admissibility would be heard tomorrow.

Koen also asked Cooke whether he had made arrangements for Beetge to testify via video link. Koen said earlier in the trial that Beetge could possibly hold the key to the case.

Cooke said it would be possible for Beetge, incarcerated in Brazil for drug smuggling, to testify via Skype, an Internet webcam service, but he would have to make a request with the consular authorities.

The national prosecuting authority (NPA) said it was working around the clock to get Beetge to testify.

"We are trying to get her to testify. We hope the process will not delay the completion of the trial," NPA spokesperson Mthunzi Mhaga said yesterday.

Beetge was arrested after 10kg of cocaine was found in her luggage in Brazil in 2008. Cwele and Nigerian national Nabolisa allegedly conspired to recruit Beetge and Charmaine Moss as drug mules.

Moss allegedly turned down the offer when she suspected something was amiss. Beetge is serving an eight-year jail sentence in Sao Paulo, Brazil.

Investigating officer Lieutenant-Colonel Johann Ludick took a statement from Beetge in Brazil last year, but it could not be used as evidence because it was regarded as hearsay.

The Justice and Constitutional Development department said it was also willing to facilitate Beetge's testimony. On Monday Brazilian federal police agent Carlos de Bartole explained how Beetge was arrested at Sao Paulo International Airport.

He said Beetge did not look surprised when drugs were found in her luggage. The substance was wrapped in paper, he said.

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