DURBAN: Jacob Zuma would have been "exonerated" had he been charged alongside his financial adviser, Schabir Shaik, Zuma's defence team claimed in its heads of argument filed in the Pietermaritzburg High Court yesterday.

The defence said it would have no hesitation in cross-examining Shaik to prove that Shaik "simply conned the French concerns out of some R500 000 in a simple fraud to enrich himself".

The fact that Shaik could not be cross-examined had prejudiced Zuma's right to a fair trial. "The possibility of a fraud by Shaik (and perhaps by Thetard as well) is so obvious ... that it would present a golden opportunity to demonstrate Zuma's innocence by targeting Shaik in cross-examination."

It was pointed out that Shaik had not been called as a state witness and that if Zuma called him as a witness, Zuma's counsel would not be able to cross-examine him.

Alain Thetard was the former executive of Thint (then known as Thomson-CSF), the SA subsidiary of the French arms manufacturing giant Thales. Shaik was convicted in July 2005 by Judge Hilary Squires, who described him as having a "generally corrupt relationship" with Zuma.

In the heads of argument, Zuma's defence team said the only remedy for Zuma was a permanent stay of prosecution because of the delay in bringing the charges against him.

Zuma's pre-trial and trial rights had been infringed, the defence team said. The delay in prosecuting him was a deliberate act by the state, which had been "less than frank" with the court.

"The reasons for the postponement are now recognised not to be reasons at all."

The state had initially argued for a postponement because of appeals processes over search and seizure raids conducted last year, as well as the outcome of Shaik's appeal. But the team said its decision to contest the raids did not mean the former deputy president had given up his rights to a fair and timeous trial. Zuma is scheduled to appear in court again on September 5. 

With acknowledgements to Sapa and Cape Times.