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--- Begin Message ----Caveat Lector- http://www.iol.co.za/index.php?set_id=1&click_id=13&art_id=vn200407080830483 13C851611 The spy who has become the prey Estelle Ellis"There will be a hijacking today and the driver will be shot. You are probably much younger and much more attractive than I am. I don't want you to be in the line of fire." His name is John Edward Banks. He is 58 years old and this is how the gravel-voiced secret agent starts conversations. Conspiratorial in nature, they are peppered with words like "operation", "target" and "source". Banks, who has linked himself to the CIA and British Intelligence, says he "expects to be harassed" by the Scorpions after turning on his former handlers in court this week. 'There will be a hijacking today and the driver will be shot' In papers before the Johannesburg regional court, Banks claimed to have been sent, with a bugged shoe, to entice Andrew Phillips, owner of The Ranch, into ordering a hit on a state witness. However, the directorate of special operations (DSO) has hit back, saying Banks came to them with the information that Phillips had asked him to kill a witness in the trial against him. According to sources in the DSO, Banks is now being investigated for possibly lying under oath and defeating the ends of justice. The "bugged-shoe" debacle has temporarily halted the trial of Phillips, who has pleaded not guilty to a number of prostitution-related charges including keeping two brothels, The Ranch and the Titty Twister. Phillips has lodged an application in the Johannesburg High Court seeking the removal from the case of investigator George Hardaker and the advocate in charge of the investigation, Rudolph Mastenbroek. 'I don't want you to be in the line of fire' Phillips' counsel, Mike Hellens SC, says their aim is to give Phillips a fair trial. In allowing the postponement, regional court magistrate Stef Bezuidenhout said that if what Phillips and Banks said was true, the fairness of Phillips' trial was in jeopardy. Banks corroborated Phillips' account of events. Phillips claims that he is the victim of a "selective prosecution" and that the Asset Forfeiture Unit is only after his money, rumoured to be about R50-million. Version 1 - Phillips asked me to 'eliminate' one of his problems The Scorpions say John Banks was used before to get information from the underworld. Banks, they say, contacted the police saying that Phillips had asked him to kill a state witness. Banks reported to them on a meeting at Phillips' house during which Phillips said he needed the "services of the source (Banks)". Phillips then allegedly asked Banks if he had killed someone before. Banks said yes, and told Phillips that he did this for "the government he worked for". Banks describes it as follows in his handwritten notes handed to the Scorpions: "Eventually AP (Phillips) brought (the) subject to my work for the CIA and British Intelligence. Said he had problems to resolve, would I be willing to take care of them. I replied that I would. He said he needed my 'removal expertise' for his problems. "He was especially interested in the 'black operations' for the CIA and British Intelligence. "During earlier conversations he had indicated that he would want me to eliminate one of his problems for him." It is further stated in these documents that a further two meetings did not take place due to "Phillips' full programme". At a third meeting Phillips offered to help Banks with a legal problem concerning a farm in exchange for "removing someone". Phillips then allegedly offered to give Banks the "profile" of the target within a month. It was noted further that the details and law around an entrapment diary were explained to Banks and he was instructed that "the conspiracy must come from Phillips". He was also given the bugged shoe. In the next three months Phillips allegedly on several occasions promised to get back to Banks with the "profile". This led to the day when Phillips discovered the bugged shoe. Banks described the meeting that followed as follows in his notes: "AP (Phillips) called me into his office. As I reached the chair there was a loud screeching noise. AP asked me to leave the office and re-enter. Once again the screeching noise. "He told his girlfriend to call Jan and Mick. Two obvious security guards came in. They found (the) transmitter in (my) boot. He asked who the transmitter belonged to. I said it was mine." At the same time agents were waiting around the corner ready to record the conversation. Banks phoned to tell them that he had a "big problem". He told them that Phillips had found the device. The agents took Banks to a parking area for a "debriefing". He told them what had happened in the office and that he had told Phillips that he was using the device "for another operation", but "forgot to take it off". The next thing they knew, Phillips was marching into court with the bugged shoe - with the Scorpions' agent, to whom they paid almost R14 000 for "operation expenses", allied with Phillips. Version 2 - I was told to lure him into ordering a hit on a witness "Recently Andrew Phillips allowed me to stay in a flat owned by him, when I was in need of temporary accommodation for my wife, children and myself. "This fact became known to the Directorate of Special Operations (DSO). As a consequence I was asked to attend a meeting with one George Hardaker, who is a senior special investigator and attached to the Asset Forfeiture Unit. "At this meeting Hardaker inquired whether it was so that I (had) occupied a flat owned by Andrew Phillips. When (I said yes) Hardaker indicated to me that I was in a good position to induce Phillips to act in a particular way. "He explained that in his view Phillips never did anything for anyone for nothing and that Phillips would expect something from me (in return). "He suggested that I should in my future contact with Phillips induce him to make a suggestion that I get rid of, that is kill, one or other state witness against him. "It was not a request. It was a formal task. "I was very unhappy with the suggestion, as I regarded it to be unfair and unwarranted. Phillips has never been anything but good to me and has never made any such suggestion (as regards to a witness) to me. "I was tasked to obtain a recording of Andrew Phillips making this suggestion. To this end a pair of my boots were bugged by someone at the DSO. A listening post was established in Rivonia Road, close to Phillips' house. It was manned by members of the DSO. Hardaker was one of them. "The idea was I would engage Phillips in conversation and bring him to the point where he (would make) the improper suggestion with regard to the witnesses. "On June 6, I went to the home of Phillips. The transmitter, microphone and battery were discovered (there). I reported this to Hardaker. "There was much consternation at the fact that our activity had been discovered. "On Friday June 18, I was called to a meeting with Hardaker and Advocate Rudolph Mastenbroek from the DSO. I was questioned about the incident. I answered the questions. I was told to make a statement which would portray a fundamental untruth which was that Phillips had suggested to me that I take out, that is kill, one of the witnesses in the trial against him. "I declined to make (this) statement - which was untrue - and I resented being forced by persons who should know better. "There was great unhappiness with me and after about four hours the interview concluded with a suggestion by Mastenbroek and Hardaker that I should write out (my own) statement. This is it. "I wish to make it clear that I have in no way been induced or forced or persuaded by Phillips to make this statement." This article was originally published on page 7 of The Star on July 08, 2004 ------------------------ Yahoo! Groups Sponsor --------------------~--> Yahoo! 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