Shaik Case Hinges on Encrypted Fax |
Publication | Sunday Tribune |
Date |
2005-02-06 |
Reporter |
Estelle Ellis |
Web Link |
Seven documents is what it has come down to. From a strongroom filled with more than 50 000 pieces of paper to a small file – Court File 7 – with the story of seven documents, is what the state believes it needs to wrap up its case against Schabir Shaik.
Some of the documents, the prosecution say, link Deputy President Jacob Zuma to a bribery agreement with French arms company Thomson.
Others allegedly link his financial adviser, Shaik, and Thomson to what the state says were continuing efforts to seek political influence, approval or intelligence in relation to business – something which, according to the charge sheet, eventually formed the basis of a general corrupt relationship between Shaik and Zuma.
Another allegedly tells of Malaysian businessman, David Wilson's, dealings with Shaik and Zuma.
After their efforts to have these recognised as evidence, the state is expected to call it a day.
Shaik's trial, which started in October last year, resumed this week after a six-week break.
Forensic auditor Johan van der Walt was called back to give two more pieces of evidence.
In the past week the court also heard from almost all the members of the Scorpions team that had investigated the arms deal since 2001.
Advocate Gerda Ferreira, who led the team with Billy Downer SC until her resignation in 2003, senior special investigator Johan du Plooy and special investigator Isak du Plooy all took the stand.
It is now up to Downer and his junior, Santosh Manilall, to complete legal argument about the admissibility of the seven disputed documents.
Judge Hilary Squires's answer to this application is likely to determine the conduct of the rest of the trial.
The most crucial decision the court is asked to take is on whether what has become known as the "encrypted fax" can be considered as admissible evidence against Shaik.
Earlier in the week small pieces of evidence were placed before the court.
Ferreira said she had found out that Thomson kept some of the documents in the ceiling.
Handwriting expert Marius Rheder, made a comeback to the witness stand after he was asked to analyse a revolving loan agreement between Shaik and Zuma. Only a copy of this document is before court and the original is still filed in the confidential (and clearly inaccessible) section of the parliamentary register.
"It cannot be determined if the document was computer generated or tampered with. To do that I need to see the original," Rheder said.
The copy of the loan agreement is one of documents handed to the court by Shaik as ostensible proof that his deal with Zuma was above board.
In the last few minutes of state-led evidence a bundle of letters confiscated from Shaik were handed to the court. These are extracts from some of them:
• Shaik on Zuma in a letter to Foud MT Alghanim: "Politically, my close friend and long time political comrade (25 years) has been appointed Deputy President of South Africa, Mr Jacob Zuma. He has appointed me as his Special Economic Adviser and I am indeed honoured to work with this man who is the second most influential person within the ANC."
• A note from Grant Scriven to Shaik: "Schabir, Bear hugs from the DP (Zuma) at the party in front of the cabinet and 2000 great + good of SA. Nearly squeezed to death in Dublin central station by ‘Mac the Knife' And not Transport and Police Minister adopting my family. I think I can safely say I am in. Lets talk. Grant"
The trial continues.
With acknowledgements to Estelle Ellis and the Sunday Tribune.