Tense week takes its toll

After four-and-a-half days of cross-examination, a barrage of sarcastic quotes and a number of admonitions from the Bench, Durban businessman Schabir Shaik was too unwell to continue his trial.

Judge Hilary Squires halted proceedings yesterday afternoon after Shaik indicated he was not feeling well enough to continue answering questions by the lead prosecutor in his trial, Billy Downer SC.

Both he and Downer had been admonished a number of times by the judge in the past two days - Shaik for not answering his questions and Downer for asking questions that sounded like final argument.

Shaik was also told on occasion not to be offensive in his replies.

Downer had been peppering Shaik with questions on the failed Point Development all day.

The State is using the Point Development as an example to show that Shaik had allegedly called for Zuma's help when all was not going well in his business.

It is alleged that when the company that won the tender for the Point Development, Renong, sidelined Shaik, Shaik had asked Zuma to intervene on his behalf.

The state alleges that this is an example of how the "general corrupt relationship" between Shaik and Zuma operated.

Shaik in return denies that anybody but he had tried to get a share of the Point Development for his Nkobi group of companies.

As Shaik's cross-examination continued, so did the ongoing battle by court orderly Hugh Webb to get members of the media and the public to switch off their cellphones.

A number of phones had already rung during the trial, much to Webb's annoyance. Squires finally lost his patience yesterday afternoon and asked Webb to confiscate Sunday Times journalist Paddy Harper's phone when it rang. Harper's phone was returned to him at the end of the day's proceedings.

Yesterday morning Squires ruled that he would allow Downer to ask questions about a draft document found on one of Nkobi's computers.

The latter, Downer said, contained some "remarkable similarities" to another letter which Shaik told the court he had never seen.

Downer said they would argue that Shaik that written both letters, under Zuma's name.

The draft letter, dated September 1996, is unsigned, but clearly written under the name of Zuma.

It starts off saying: "I refer to your letter dated June 8 1996 and apologise for this late response. As the National Chairman of the ANC and the Regional Chairman of the party in KwaZulu-Natal I have been during this time under tremendous work loads and pressure to ensure a peaceful and successful loacl (sic) election. Having seeing through this successful event, I am now in a position to respond with clarity on matters at hand."

Part of the October 1996 letter, finally signed and sent to Renong by Zuma, reads:

"As both national and provincial chairman of the ANC I have been extremely busy in ensuring the success of the ANC during the recent local government elections in KwaZulu-Natal. Given the successful accomplishment I am now in a position to focus on all matters relating to my portfolio."

With acknowledgements to Estelle Ellis and the Saturday Independent.