Publication: Sunday Argus Date: 2005-04-24 Reporter: Estelle Ellis

Time for Shaik to Sit there, Listen and Wait...

 

Publication 

Sunday Argus

Date

2005-04-24

Reporter

Estelle Ellis

Web Link

www.bday.co.za

 

After six months of trial, the end is finally in sight for Durban businessman Schabir Shaik. But it will be a rocky week ahead for those involved as counsel for Shaik and the state prepare to square up for a final time during this trial in the Durban High Court tomorrow.

Much like hanging from a cliff, it will be dangerous for either party to move a centimetre.

Shaik's counsel Francois van Zyl SC is likely to insist that his client has done nothing wrong. Billy Downer SC is expected to argue that he is only applying the law of corruption and the constitution - two pieces of legislation Shaik said, during cross-examination, he had never heard of.

It has been a long trial. Since October 11 last year, Shaik and his people and Downer and his people have been in and out of court - more in than out.

It has been a hard trial. Towards the end of the trial Shaik fell ill, showed an uncharacteristic glimpse of bad temper, and lost his accustomed cool and threatened Downer's second in command, Anton Steynberg. He apologised afterwards.

It must however be said that although the spotlight mostly fell on Shaik during the trial, it was clear that all involved were under immense pressure and at times extremely tired.

In a way the coming week should be easier for Shaik. There will be no appearances in the witness stand, no more desperate paging through a mountain of files to get to exhibits, no more notes to be passed to counsel and back.

All that is probably required of Shaik is that he be there, listen, and wait.

It is not known at this stage when Judge Hilary Squires will give judgment. But whether it is a day, a week or a month, it is bound to be a trying time for the suave businessman in their (sic) smart suits.

One does not expect Downer and his team to wait in absolute comfort either.

The trial, with its huge budget, its enormous support structure and its possible ramifications was a huge gamble for all of them as well.

The stakes are very high. It has been six months since Shaik pleaded not guilty to charges of corruption and fraud.

One *1 of the corruption charges deals with what is alleged to be a "general corrupt relationship" between Shaik and Deputy President Jacob Zuma.

The other *3 deals with an allegation that Shaik solicited a bribe from French arms company Thomson for Zuma.

In the coming week the state's mission will undoubtedly be to make Shaik out as a liar *4 with argument by Downer probably focused quite firmly on the several different answers Shaik gave to the same questions during his evidence in court and even more firmly guiding the court to rule that Shaik was less than candid with the court and that his evidence should be rejected.

For Downer it's time to walk the court through what damage he thinks was done during Shaik's gruelling nine days of cross-examination and maybe to remind Judge Squires of the hard questions the presiding officer had asked of Shaik.

For Van Zyl it's the chance to take Judge Squires by the hand, in a manner of speaking, and show him where doubt has taken root and sprouted *4 during the trial. It is, after all, not for Van Zyl to prove innocence - it is merely for him to prove doubt.

Downer is the one who bears the burden of proof - "beyond reasonable doubt".

In law, however, that does not mean "no doubt" or "beyond any niggling, creative doubts that the human mind can think of".

Unfortunately, in the game of criminal prosecutions there can be no photo finishes.

For Zuma, the end of the trial may in many ways also prove to be scary.

Firstly, a judgment would signal the end of the famous sub judice excuse he and his spindoctors have been using up to now.

Secondly, a guilty verdict against Shaik would throw a dark shadow over Zuma's integrity - and there is nothing he can do about it.

The only thing that is for sure is that Downer will finally be able to answer Judge Squires' question posed a few weeks ago: "Is the finishing post in sight?"

The answer to that is expected to be a rather nervous yes.

With acknowledgements to Estelle Ellis and the Sunday Argus.

* The taking of :

*1 Counts One; Corruption
*2 Two; and Fraud
*3 Three. Corruption, especially conspiracy (with Thomson-CSF and Zuma) to commit corruption
*4 It was mainly the nose that sprouted, while the mouth mainly spouted.