Prosecutor Billy Downer wrapped up his closing argument in the Schabir Shaik fraud and corruption trial yesterday by asking for an encrypted fax to be considered “credible” evidence of an attempt to procure a bribe for Deputy President Jacob Zuma.

“The encrypted fax may be accepted as an accurate and reliable minute of the proceedings of the meeting between Shaik, Zuma and (Thomson-CFS Africa director Alain) Thetard in March 2000,” Downer told the Durban High Court yesterday.

The fax allegedly implicates Shaik and Zuma in an attempt to secure a R500 000-a-year bribe from French arms company Thomson-CFS (now Thales) in return for protection from investigations into irregularities in SA’s R30bn arms deal.

Judge Hillary Squires earlier admitted the fax as evidence, calling it an executive summary of the events of early March 2000, after which the state closed its case.

In court yesterday Downer urged Squires to view the fax as evidence of a bribe and not, as Shaik had testified, a donation to the Jacob Zuma Education Trust.

The alleged bribery formed the basis of the second count of corruption against Shaik, and the fax is a critical piece of evidence in showing the nature of that relationship.

Shaik, who has been on trial since last October, has pleaded not guilty to two counts of corruption and one of fraud.

The strength of the fax as evidence was based on probabilities and contradictions in the defence’s case and Shaik’s lack of credibility as a witness, Downer said.

“Perhaps the fax does not in detail reflect the bribe, but it has a resonance with other documents. In the present case it is submitted that the credibility of the encrypted fax must be considered at the time of its creation,” Downer said.

He also said the lack of supporting records for the fax was more consistent with a bribe than with a donation request and that there was little reason for secrecy surrounding a donation.

Outside the court, Shaik said he was relieved that the state’s case was over. He said he had learned to deal with criticism of his character and personality.

Shaik said he was happy that judgment would be shown live on television, and would have liked the closing arguments of both sides to have been shown.

“It’s an important case. It deals with the deputy president and public funds,” said Shaik.

Defence counsel Francois van Zyl is to begin his closing argument today, and the case is expected to wrap up next week.

Squires is expected to deliver judgment next month *1

With acknowledgements to Nicola Jenvey, Sapa and Business Day.

*1   Either Tuesday 2005-05-23 or Tuesday 2005-05-30.