Taken Into Account? |
Publication | Daily News |
Date | 2004-11-04 |
Reporter |
Estelle Ellis |
Web Link |
Senior counsel for Durban businessman Schabir Shaik, who is on trial for alleged fraud and corruption, has suggested that the forensic auditor who compiled an epic report supporting the case against his client left crucial information out of it.
This information included, among other things, money that was repaid to Shaik by Deputy President Jacob Zuma.
It was with an exchange of polite "good afternoons" that advocate Francois van Zyl SC and auditor Johan van der Walt continued their battle before Judge Hilary Squires in the Durban High Court yesterday.
Van Zyl said Van der Walt had been selective in the use of documents to compile his reports.
Van der Walt said he had had 152 000 documents to sift through, and had used those he considered to be relevant.
Shaik has pleaded not guilty to two charges of corruption and a charge of fraud.
One of the corruption charges against him relates to R1.2 million in payments made to Zuma as part of what the state has described as a "general corrupt relationship".
The other is an allegation that Shaik had solicited a bribe of R1 million from French arms company Thint for Zuma.
Van der Walt explained to the court how he viewed the relationship between Shaik and Zuma: "Any relationship can evolve over time. Payments could be made in friendship. This relationship (between Shaik and Zuma) evolved from friendship into a different animal, where one cannot exclude the possibility of a mutually beneficial financial relationship."
The state is alleging that the amount of payments to Zuma, and the lack of evidence of an attempt to repay the money, was suggestive of corruption.
But Van Zyl hinted that the state might not have looked hard enough to find the repayments.
Van der Walt said in his report that he could only find two payments from Zuma to Shaik, and that these totalled R20 000.
"Were they the only ones?" Van Zyl asked him.
"To the best of my knowledge, yes," Van der Walt answered.
Van Zyl then asked him about money paid out to one of Shaik's companies, after Zuma cashed in a life policy.
Van der Walt conceded that this could have been another payout or "an advance" to the company.
Then Van Zyl produced documents showing that Shaik had been reimbursed for R21 000 in ANC levies he had paid on Zuma's behalf.
The bank account he produced showed that it was paid from a call account held at Absa in Zuma's name.
Van Zyl also said that the money was transferred on Shaik's orders.
Van der Walt said he would have to investigate whether the auditors had been aware of the existence of this specific account.
The trial continues.
With acknowledgements to Estelle Ellis and the Daily News.