In wrapping up his closing arguments in the Schabir Shaik fraud and corruption case, defence counsel Francois van Zyl gave the court another explanation for the contents of a fax allegedly linking Shaik, Deputy President Jacob Zuma and Thomson-CSF in a R500 000 annual bribe.

Thomson-CSF Africa director Alain Thetard disguised his company’s request for a donation to the Jacob Zuma Education Trust as a “bribe” because Thetard’s French bosses “had a problem with making donations”, the Durban High Court heard yesterday.

In wrapping up his closing arguments in the Schabir Shaik fraud and corruption case yesterday, defence counsel Francois van Zyl gave the court another explanation for the contents of a fax allegedly linking Shaik, Deputy President Jacob Zuma and Thomson in a R500 000 annual bribe.

Earlier in the seven-month trial, Thetard’s former secretary, Marion Marais, testified the French arms dealers considered bribery acceptable within the realm of business.

“It is more than just reasonably possible that Thetard might have misrepresented the true position in the letter for other purposes,” Van Zyl said.

Shaik, who has pleaded not guilty to two counts of corruption and one of fraud, testified that the three men met in March 2000 to hammer out details of Thomson’s donation to the trust.

The state alleges that the fax, dated several days after the meeting, was an executive summary that outlined the events of the meeting.

Yesterday Van Zyl said knowing the Thomson head office view on donations, the payment could have been “disguised as a bribe ­ possibly also because they might have thought that the making of the donation would buy them influence *1 with Zuma”.

“Another reasonable possible scenario” Van Zyl put before the court was that Thetard had used Shaik’s request for a donation to convince his immediate bosses “it would be in Thomson’s interests to attempt to bribe Zuma for protection and support *1”.

“Thetard, knowing the South African situation, could have done this to create an opportunity to channel company funds into his own pocket,” Van Zyl said. He said no-one would check with Zuma whether he had received the money, as the deputy president would “hardly admit” to receiving a bribe.

Earlier in the day, Van Zyl had slated Thetard as a credible source of information, highlighting several indicators that “one should be extremely careful to simply accept everything Thetard says or writes”.

The Frenchman has refused to give evidence in the trial.

“The contents of the encrypted fax document is not reliable …(and) the denial by Shaik that no meeting such as described took place, can possibly be true,” Van Zyl said.

With acknowledgements to Nicola Jenvey and Business Day.

*1 Bribe, donation, whatever - it was still to "buy them influence" with decision-makes and string-pullers to get "protection and support".

But as the lady says, it's as savory as a Gallic dumpling.