Lead prosecutor Billy Downer SC got permission today from the Durban High Court to confront businessman Schabir Shaik with a document found on the hard drive of one of his company’s computers.

The State says the new document, which relates to the Point Waterfront development, is “highly relevant” and “remarkably similar” to documents already handed in as evidence.

Yesterday, Shaik’s first reaction to the electronic document was one of ignorance. His counsel, François van Zyl SC, then objected to admission of the document as evidence.

One of the main points of dispute was that it was not seized in a hard-copy form but in electronic format on a hard drive.

But Mr Justice Hilary Squires ruled this morning that under the Electronic Communications and Transactions Act, the document is on an equal footing with a hard copy.

He said the situation was no different than when a prosecutor wished to confront a witness with statements taken down on paper.

“I have concluded eventually, and to my own surprise, that Mr Downer was correct,” Judge Squires said.

He explained that his surprise was triggered not by Downer being correct (in general) but by what he had discovered about the law on electronic documents.

Shaik has pleaded not guilty in the Durban High Court to charges of corruption and fraud.

The State is using Shaik’s alleged involvement with the Point development, and Deputy President Jacob Zuma’s alleged assistance in this regard, to try to prove there was a “general corrupt relationship” between them.

It is alleged Shaik paid to keep Zuma in politics and in turn Zuma helped Shaik promote his business interests *1.

Downer is using a series of documents in cross- examining Shaik, supplied to the Scorpions by David Wilson, formerly of the Malaysian group Renong.

This letter was on a letterhead titled “Ministery of Economic Affairs and Tourism Province of KwaZulu- Natal”.

It is addressed to the chairman of Renong, Tan Sri Halim Saad, and ostensibly written by Zuma, but not signed.

Shaik has admitted this letter was found at his company Nkobi. In the letter Zuma asks Saad for a meeting to discuss who is the best “local partner” for him on the Point development.

“It is the first time that I have seen this letter,” Shaik told the court.

“It came from the Nkobi files,” Downer replied.

“I cannot explain that,” Shaik said.

Downer, who provisionally closed the State’s case last month, applied to reopen it to admit the new document to be used as rebuttal evidence against Shaik.

With acknowledgements to Estelle Ellis and the Cape Argus.

*1 Da general bottom line of Count 1; Count 3 is a bit more specific.