Publication: The Star Issued: Date: 2005-02-28 Reporter: Estelle Ellis

Day of Reckoning for Scorpions Investigator

 

Publication 

The Star

Date 2005-02-28

Reporter

Estelle Ellis

Web Link

www.iol.co.za

 

For years, Durban businessman Schabir Shaik had refused to answer questions from the Scorpions - but on Monday he will have no choice.

After months of litigating about the answers the Scorpions were seeking from Deputy President Jacob Zuma's financial adviser, they finally gave up, charged him and said they would now ask their questions in court.

On Monday the leader of the investigation, deputy director of public prosecutions Billy Downer, was to get his chance.

On Friday, Shaik's counsel Francois van Zyl SC indicated that he would still be busy for two to three hours on Monday before Downer could cross-examine his client.

Shaik took the stand a week ago, after the court had ruled that a number of disputed documents should be admitted into evidence. Unexpectedly, his legal team did not apply for a discharge.

This meant Shaik had to explain his defence on all the charges against him. He has pleaded not guilty to two charges of corruption and one of fraud as well as an array of alternative charges - all relating in one or more respects to his relationship with Zuma.

Instead it was Shaik who sometimes irritably, but painstakingly, explained his side of the story - a long and involved one.

His evidence has made it clear that his help to Zuma was a one-way traffic of payments, with no help expected in return or needed. He also pointed out that some of the payments the State claimed were made in furtherance of his alleged "general corrupt" relationship with Zuma were in fact donations he had made to the African National Congress.

It has taken an entire investigation team and scores of witnesses to put the State's case together, and Shaik looked a little forlorn as he attempted to dismantle it piece by piece with his evidence.

As with the Hefer Commission, it is, however, once again obvious that there is a major voice missing from this court case - that of Zuma.

If anything, the "disappearance" of the original loan agreement signed by both Shaik and the deputy president calls for an explanation.

It seems that only copies of the document are available for scrutiny by the court, but the State is seeking the original to send it for forensic analysis and to make sure it is authentic.

On Monday afternoon, Downer was set to get the chance to challenge Shaik's story.

As the first golden rule of cross-examination goes, Downer wasn't expected to ask a question to which he did not know the answer.

The only expected surprise would be how Shaik handled this interrogation by his major adversary.

As he took the stand last week, his sombre mood sometimes fluctuated from focused determination to irritability and plain hostility - and that was only in dealing with his own legal team.

With acknowledgements to Estelle Ellis and The Star.