Publication: Business Day Issued: Date: 2006-09-27 Reporter: Ernest Mabuza

NPA on Watch as ‘Bribe Fax’ is Argued

 

Publication 

Business Day
Date 2006-09-27

Reporter

 Ernest Mabuza

Web Link

www.businessday.co.za

 

Bloemfontein - The Supreme Court of Appeal reserved judgment yesterday in the criminal appeal by Schabir Shaik against his conviction and 15-year sentence for fraud and corruption.

The admissibility of the “encrypted fax” that was written by French company Thomson-CSF director Alain Thetard continued to dominate the second day of Shaik’s appeal against his conviction yesterday .

Shaik, a former financial adviser of former deputy president Jacob Zuma, is appealing against his conviction by Judge Hilary Squires in the Durban High Court last year on two charges of fraud and one of corruption. Squires found that Shaik had a “generally corrupt” relationship with Zuma.

The National Prosecuting Authority is watching the proceedings in the appeal court closely as it might need clarity on whether it would be possible to charge Zuma again after his corruption case was struck off the court roll last week.

Yesterday, the state argued that the “encrypted fax” that was used to convict Shaik of corrupting Zuma should be accepted despite its author, Thetard, not being present in court to comment about its contents.

State advocate Billy Downer argued before the full bench that the fax, written in March 2000, was supported by other facts before and after that date.

Downer said it was known that Shaik met Thetard in September 1999 and that Shaik wanted money from the French company. Downer said there was another letter written in October 2000 in which Shaik complained that Thetard was reneging on a promise. He said the October 2000 letter showed Shaik was concerned about the bribe agreement agreed to in March 2000.

Shaik’s counsel, Jeremy Gauntlett, argued that the fax should not be admitted as evidence because Thetard had not been in court to enable Shaik to challenge him. “If Thetard had put himself in close proximity of the witness box … there would have been opportunity to find out what the code (in the fax) meant.”

Gauntlett said there was no explanation by the state regarding the absence of Thetard in court.

“What happened in the case is a travesty. The state cut some deal with the employers of the person who wrote the fax.” Gauntlett said there was a huge “residual disquiet” when Thomson-CSF (now Thint) was not charged at the same time as Shaik.

Today, Shaik will appeal against an order made by the Durban High Court that he should forfeit more than R30m, said to be proceeds of crime.

With acknowledgement to Ernest Mabuza and Business Day


*1       What happened in the case is a travesty. Two Jackasses called Maduna and Ngcuka representing The State cut some deal with the employers of the person who wrote the fax.

If these jackasses had not interfered with the investigation and prosecution, all three co-conspirators would have been convicted during 2005 in the Durban High Court presided over by Mr Justice H.G. Squires on two counts of corruption.

The entire country would have been spared :