Publication: Business Day Date: 2005-04-08 Reporter: Nicola Jenvey Reporter:

Judge Refuses State’s Bid for New Evidence on 'Letter from Zuma'

 

Publication 

Business Day

Date

2005-04-08

Reporter

Nicola Jenvey

Web Link

www.bday.co.za

 

Defence in the Schabir Shaik trial closed its case yesterday, after Judge Hillary Squires turned down a last-minute application by prosecutor Billy Downer to reopen and lead new evidence.

Downer played down the effect Squires’s decision may have on the state’s case, but said the prosecution “remained on track” for victory.

Squires said he had to balance the pursuit of justice against bringing a case to finality. Reopening would “introduce further disputes and delays”.

After 62 days in court spread over six months, a court record approaching 10 000 pages and thousands of pages of documented evidence, the case was adjourned until April 25 for legal argument and judgment.

Downer had wanted to lead evidence that showed Shaik had authored a letter from Deputy President Jacob Zuma to Renong chairman Halim Saad in Malaysia in which he proffered Nkobi Holdings as the preferred empowerment partner for the Durban Point waterfront development.

Under cross-examination Shaik denied knowledge of the letter.

It was this draft Downer sought to prove had been written by Shaik and which reflected similarities to an unsigned letter by Zuma dated October 31 1996, when he was the KwaZulu-Natal economic affairs and tourism MEC.

The evidence would have related to count one of a generally corrupt relationship between the two men.

Shaik, who has pleaded not guilty to two counts of corruption and one of fraud, expressed relief that the case had ended.

While understanding the circumstances that had given rise to the application, Squires did not believe the degree of relevance of the new evidence justified “further lengthening this case”.

With acknowledgements to Nicola Jenvey and the Business Day.