Inspector-General of Intelligence Zolile Ngcakani looked "embarrassed" when he admitted in the Hatfield magistrate's court that he had received but did not read a report from former director-general of intelligence Billy Masetlha.
This was magistrate Dreyer van der Merwe's comment on Friday during the closing arguments in the case against Masetlha.
Ngcakani had claimed all along that he had not received the report.
Van der Merwe was referring to Ngcakani's response when he was recalled by Masetlha's defence to testify on whether he received the report sent on September 30, 2005.
At least three "Receipt Reports" from Ngcakani's office showed that the report sent by Masetlha had been received by Ngcakani.
Masetlha faces up to five years in jail or a hefty fine should Van der Merwe find him guilty of withholding information from Ngcakani. Judgment day is on November 28.
The strength of the Intelligence Oversight Act - under which Masetlha is the first person to be charged - will be tested by Van der Merwe's ruling. The magistrate said the case had been "extraordinary".
In his closing argument, Masetlha's lawyer, Neil Tuchten, SC, said the State could not prove beyond reasonable doubt that his client was guilty.
He said a number of "powerful people" were interested in the outcome of the case and were involved in the "science fiction-like" testimony heard by the court.
He said Masetlha's conduct was called into question as he was charged with "intentionally withholding information by failing to answer questions or provide information to questions put to him".
Tuchten pointed out that Masetlha was a man of high reputation.
"He (Masetlha) wanted to retire after his term as D-G ended and had no political ambitions whatsoever. We know about his conduct during the apartheid struggle. He played a vital role in the Great Lakes initiative and was a trusted adviser to the presidency," he said.
Tuchten said "we've heard nothing (which proves) that Masetlha stood between the IGI (Ngcakani) and the information".
Tuchten said the State also failed to say why Masetlha would be party to running an illegal surveillance operation on ANC executive member and millionaire businessman Saki Macozoma.
Masetlha had received information "linking (Intelligence Minister Ronnie Kasrils) to foreign intelligence operatives".
"He went through mental turmoil as it was not easy to disclose information about his minister."
State prosecutor Matric Luphondo said Masetlha's version of events "almost borders on science fiction as everybody conspired against him", and asked the court to find him guilty.