Shaik Takes It on the Chin |
Publication | The Star |
Date | 2005-02-18 |
Reporter |
Estelle Ellis |
Web Link |
The blows fell one by one. First a controversial fax setting out an alleged bribe agreement between Durban businessman Schabir Shaik, Deputy President Jacob Zuma and French arms company Thomson was accepted into evidence.
Then an inflammatory statement by Malaysian businessman David Wilson went into the scales as well.
Then senior investigator Johan du Plooy told the court that the original document detailing a revolving credit agreement between Shaik and Zuma was nowhere to be found.
But after four months in the dock, Shaik is an old hand at handling the blows. He took them on the chin. He banished worry from his face, squared his shoulders and said calmly: “In a court of law one assumes nothing. We were always prepared for all the documents to be admitted into evidence.”
Shaik is expected to take the stand next week to testify in his own defence. He said that the defence would decide over the weekend whether to call Zuma.
It was a clearly happy prosecution team who left the court shortly after Shaik, with Billy Downer SC, saying: “Things are going according to plan.”
Earlier, a cautious Downer provisionally closed the State’s case after leading the evidence of senior special investigator Johan du Plooy about his quest to find the original revolving credit agreement between Zuma and Shaik.
The agreement forms part of Shaik’s defence against a charge of corruption, more specifically the allegation that there was a generally corrupt relationship between him and Zuma.
A copy of the agreement was produced *1 during the cross-examination of forensic auditor Johan van der Walt.
Senior special investigator Johan du Plooy, however, yesterday testified that the Rev Frank Chikane had informed him that the original agreement was not lodged with the presidency where cabinet ministers must declare their liabilities.
Du Plooy told the court of his quest to find the original agreement saying it was also not in the Parliamentary assets register nor the confidential register where cabinet ministers declared their interests.
Correspondence about the issue, however, indicates that Zuma had declared the loan from Shaik – but where the document is, nobody seems to know.
The Police’s Disputed Documents Unit, more specifically expert Marius Rheder, has been asked to ascertain whether the document before court at present, a copy of the agreement, had been tampered with. But Rheder said the only way to find out if the document was authentic would be to analyse the original.
Earlier a significant ruling went in the State’s favour as the court ruled that a fax, ostensibly setting out a bribe agreement between Shaik and Zuma must be admitted into evidence.
The judgment is not the final outcome of the legal war between the State and Shaik, but rather a ruling on what weapons *2 the State would be allowed to use.
As Judge Hilary Squires said in his judgment yesterday: “The fax must at least be placed in the scales.”
Judge Squires, however, found some of the documents seized during a Scorpions raid in Mauritius and France to be inadmissible as evidence.
He also admitted the statement by Malaysian businessman David Wilson as evidence against Shaik.
In this statement, Wilson told of a meeting between himself, Shaik and Zuma about plans for the Point development in Durban.
“Zuma was clearly uncomfortable during the meeting and I gained the clear impression from his demeanour, the substance of the meeting and the manner in which it proceeded that he was there under sufferance.
“He spoke in a guarded fashion and appeared to be anxious to get the meeting over with. This behaviour was in stark contrast to the impression I had of him at our previous meeting.
“Throughout the discussion, Shaik would introduce the topics discussed and Zuma would confirm and expand on what Shaik had said.
“He said he was not happy with the persons nominated to represent the empowerment interests in the Point Development, although he offered no explanation for this. He proposed that Shaik should be involved and stressed repeatedly that he would be a good partner for the job.
“It became increasingly clear that Zuma was acting as if Shaik had some hold over him. At one point Zuma made mention of the assistance he had received from Shaik. I gained the strong impression that this support and assistance was of a financial nature,” Wilson said in his statement.
The trial continues on Monday.
With acknowledgements to Estelle Ellis and The Star.
*1 Rocking horse manure.
*2 G6 vs water pistol.