Witnesses Who Made Shaik Trial Worth Watching |
Publication | The Star |
Date | 2004-12-10 |
Reporter |
Estelle Ellis |
Web Link |
It was a rainy October morning when the trial of businessman Schabir Shaik started amid intense interest in the Durban High Court.
When it broke this week for seasonal recess there were only a few die-hard journalists and a single member of the public.
On October 10 a defiant Shaik pleaded not guilty to charges of corruption and fraud. His plea explanation was long and comprehensive. In short, he asserted that the state had the wrong end of the stick.
Yes, there was a financial relationship between him and Deputy President Jacob Zuma, he said, but not a corrupt one.
The payments to Zuma were loans made in friendship. And he did not ask for interest as it offended his religious convictions.
He also denied allegations of fraud, saying money was mistakenly written-off in his company's books, but this was later fixed. To allegations that he was involved in soliciting a bribe for Zuma from French arms company Thomson, he replied that he knew nothing.
But in his opening address lead prosecutor Billy Downer said his case would be based on facts and patterns.
"We will principally be talking of the arms deal," he said.
The Accused:
Schabir Shaik: Sometimes charming, sometimes volatile, the Durban businessman arrived on time every morning. Sometimes he greeted everybody around him. He was always impeccably dressed. His friends brought him water and paper to make reams of notes for his counsel. Most of the time one of his brothers was with him in court. At times the trial got to everybody, but Shaik kept the snarling to a minimum, smiling as often as possible.
Those Not Charged:
Deputy President Jacob Zuma: The only thing he had to say (in parliament) was that he did not consider the revelations at the trial to be a blot on the moral regeneration campaign.
Alain Thetard:
Former director of French arms company Thomson CFS and writer of the fax setting out an alleged bribe agreement between himself, Zuma and Shaik is refusing to come to SA. The court heard a lot about him - especially about his tendency to throw things at his secretaries - but nothing from him.
The Auditors
Johan van der Walt: Forensic auditor from KPMG. Very charming, though slightly long-winded at times, this witness spent 16 days in the witness stand detailing how he followed the paper trail of Shaik's dealings and what he concluded from it. As a seasoned expert witness he came armed with throat lozenges, a sense of humour and unshakeable confidence that he was right in some respects. His report was almost 300 pages long and the supporting evidence was filed in more than 20 lever arch files. He was assisted by another forensic auditor, Riaan Beekman.
Ahmed Paruk: The soft-spoken witness sometimes looked clearly uncomfortable when he was confronted with what happened. He was the auditing partner at David Strachan & Tayler responsible for writing off R1,2-million in loans to Shaik in Nkobi's books. He said that Shaik had instructed him to do so.
Anthony Gibb: Gibb was the auditing clerk who effected the write-off. When he first gave evidence, he forgot to wear a jacket. The next day he remembered to do so.
Government auditor James Edward van Heerden: Van Heerden explained their review of the arms deal in a very businesslike manner. He said their conclusion was that there were deviations from the accepted arms acquisition practices, with no plausible explanation. He told the court that their conclusions were that there should be a special investigation or forensic audit focusing on the involvement of contractors and subcontractors in the deal. Gary Parker and David Read: It was without much emotion that the two dark-suited, soft-spoken auditors came to tell of their meeting with a frightened Sue Delique, and how they thought she was nothing but a disgruntled employee.
The Secretaries & the Bookkeeper
Bianca Singh: Shaik's former secretary testified in the company of bodyguards. The young, pretty woman spoke softly and with confidence as she set out what she knew. She described the close relationship between Zuma and Shaik - in terms of friendship and money.
Sue Delique: Thetard's former secretary refused to look at anyone other than the leader of the State's team, Billy Downer, and Judge Squires. She had two bodyguards. She was nervous, but very charming. She spoke too softly at times. But she was adamant. She found the handwritten fax setting out an alleged bribe agreement between Shaik, Zuma and Thetard. She also found the disk on which she saved the typed version. She gave it to the Scorpions.
Marion Marais: Another of Thetard's former secretaries, Marais was confident as she related what she knew about her former boss. It was she who told the court about his tendency to throw things when agitated. She told the court that Thetard was always seeking audience with influential people and was very excited to meet Zuma.
Celia Bester: Fluctuating between her obvious passion to do what was right and extreme nervousness, Nkobi's former bookkeeper caused sparks in her evidence. She said money paid as cash bribes to a number of government ministers was written off in Nkobi's books.
The Judge
Judge Willem Heath: In rapid tones, slightly defensive but mostly without much emotion, former judge Willem Heath came to testify, saying he preferred being called Mister rather than Judge, and telling how his unit was barred from investigating the arms deal.
The righthand men: With the dispassion of seasoned legal minds Gerhard Visagie and Jannie Lubbe echoed Heath's sentiments, leaving the impression that they had concluded that a great wrong had been committed against their unit.
The Politicians
Patricia de Lille: It was with more restraint than her usual public appearances that the president of the Independent Democrats, Patricia de Lille, took the witness stand. She told the court she hoped and prayed that the arms deal would be investigated. "I was ostracised, but I did it for the people of the country. I wanted to assist the government to root out the few bad apples."
Gavin Woods: The former head of parliament's standing committee on public accounts (Scopa) spoke softly and with renewed agitation at the letter Zuma wrote to him which effectively sidelined his committee. Like a true politician he hugged De Lille on the steps of the High Court when the television cameras were rolling.
Professor Themba Sono: Professor Sono was called as the State's first witness. He took obvious joy in giving evidence, explaining in detail that Shaik told partners in business deals that the Nkobi group could bring "political connectivity" to the table. He is now in the Gauteng legislature.
Tracy O'Brian: O'Brian's many surnames at times confused the court. Through successive marriages she was known as Brown, Zapolsky and Endwhis-tle, and now uses her maiden name O'Brian again. The very pretty witness turned heads as she testified in clipped tones that she sublet a flat to Shaik. Shaik told her it was for his financial director. She discovered Zuma lived there when there were complaints about bodyguards with guns. Shaik or one of his companies paid the rent, but it was always late. She terminated the lease.
With acknowledgements to Estelle Ellis and The Star.