Shaik's Lawyer Asks for Mercy and Compassion |
Publication | Sapa |
Date |
2005-06-07 |
Issued |
Durban |
Reporter |
Sapa |
Schabir Shaik's lawyer on Tuesday asked the Durban High Court to show "mercy and compassion" when sentencing his client.
Advocate Francois van Zyl called on Judge Hilary Squires to impose a lesser sentence than the prescribed minimum on his client's conviction on two charges of corruption and one of fraud, and asked that the court impose "a punishment to fit the criminal as well as the crime.
"There is a huge price that was already paid in the form of 'pressure and anxiety'."
The trial had to be adjourned at one point due to Shaik's high blood pressure.
Shaik's conviction was linked to his relationship with deputy president Jacob Zuma.
On Tuesday Van Zyl pointed out that Shaik, who was the director and CEO of the Nkobi group of companies, would be stripped of all his titles and would not even be able to manage any of his companies.
"This is not your classic case of bribery," said Van Zyl, explaining that the crime committed by Shaik started out as a gesture of friendship to help Zuma out of his debt.
He said Zuma did not interfere in any tender processes in which Nkobi was involved, and that "these circumstances" warranted a lesser sentence. *1
According to Van Zyl, society undoubtedly had an interest in the punishment of corruption.
He said this interest should not weigh so heavily that it interfered and overshadowed all other circumstances that the court would have to bear in mind.
He told the court Shaik was a first-time offender, was married without children, came from a humble background and "sacrificed a part of his life in working in the struggle" (against apartheid).
Van Zyl said the case had been hanging over Shaik's head since October 2001 when the Scorpions first raided his homes and businesses.
This signified the pressure and anxiety already brought to bear on him and those close to him.
With acknowledgements to Sapa.
*1 Absolute nonsense - the judgment found otherwise.
This is not a victimless crime. Apart from all the indirect victims, being all the citizens of the Republic, there are also direct victims.