Shaik Prosecutor Starts Final Argument |
Publication | Sapa |
Date |
2005-04-25 |
Issued |
Durban |
Reporter |
Wendy Jasson da Costa |
The prosecution began final argument in Schabir Shaik's fraud and corruption trial on Monday, describing the case which started in the Durban High Court in October as an epic.
"Unfortunately it has proven to be anything but heroic," said prosecutor Billy Downer.
He then quoted Roman lawyer Cicero, saying: "O tempora, o mores," meaning "o the times, o the morals."
Downer who was armed with a massive lever arch file, also used a projector to show the court pictures of the timeline in which Shaik allegedly committed his crimes.
Referring to the "generally corrupt" relationship between Deputy President Jacob Zuma and Shaik, his financial adviser, Downer said the Constitution imposed a duty on Zuma to maintain a high standard of propriety because of his position, which he had failed to do.
He said the State had succeeded in proving that Shaik had used Zuma's assistance to gain private business advantage.
Downer referred to Shaik's cross examination in which he had acknowledged that he had paid to remain in politics.
Downer said the court had to decide if the payments to Zuma were bribes or "innocent financial assistance" to a friend and comrade with no strings attached.
However Downer pointed out that the State believed Zuma assisted Shaik because "he was aware that his financial fortunes were inclined with Nkobi's."
Nkobi Holdings was Shaik's group of companies.
Count two against Shaik is a fraud charge in which the State alleges that he irregularly wrote off money from the books of his companies to disguise payments of R1.2 million to Zuma.
Shaik said some of the payments he made were donations to the African National Congress.
The second charge of corruption against Shaik related to an alleged bribe he solicited for Zuma from French arms company Thompson CSF in exchange for protection during investigations into alleged irregularities in South Africa's multi-billion rand arms purchase.
With acknowledgements to Wendy Jasson da Costa and Sapa.