Zuma Can Expect Forensic Audit - McCarthy |
Publication | Independent Online |
Date |
2006-08-16 |
Reporter |
Sapa |
Web Link |
Former deputy president Jacob Zuma will receive an amended indictment by mid-October and a forensic audit will be available by the time he appears in the Pietermaritzburg High Court in September.
Scorpions advocate Leonard McCarthy said in his responding affidavit that the results of a forensic audit carried out by KPMG would be available to the defence by September 5 and an amended indictment would be provided by October 15 "at the latest".
He was countering Zuma's claim that the state sought to have the case adjourned to enable it to "take certain steps" to possibly further its case against him.
McCarthy's affidavit was a response to submissions by Jacob Zuma in his corruption trial. Seven senior current and former officials had made affidavits on behalf of the state in the corruption case against the former deputy president.
They were National Director of Public Prosecutions and head of the NPA advocate Vusi Pikoli, his predecessor Bulelani Ngcuka, former Justice Minister Penuell Maduna, current head of the Directorate of Special Operations (Scorpions) advocate McCarthy, advocates Billy Downer SC and Anton Steynberg, and Scorpions investigator Johan du Plooy.
The contents of the amended indictment were not known, but could include fraud as McCarthy states: "The evidence suggests that Zuma made false declarations to Parliament and the government about the benefits he had received from (his financial advisor Schabir) Shaik and companies in the Nkobi group, and he had dishonestly failed to declare those benefits to the Sars in his income tax returns."
Zuma's defence has sought to have the trial struck off the roll. According to McCarthy's affidavit Zuma had apparently said that if the state did provide the auditor's report and amended indictment he would "need an adjournment for a period equal to the state's preparation - some five to seven years".
McCarthy described the requirement for such and adjournment as "far-fetched".
He also responds to the demand to have the trial aborted. "The usual remedy for a well-founded complaint that an accused is being denied the right to a trial within a reasonable time is an order expediting the trial, and not one that aborts the trial."
Referring to the controversial search-and-seizure raids of Zuma's homes and the office of his lawyer, McCarthy said the trial could not be held up indefinitely by litigation related to them.
"The proper forum to determine the admissibility of what was seized is the trial court. Hence the State attempts to settle the appeals."
He also stated that he had warned Zuma's lawyer that applications to contest the raids would "inevitably have the effect of delaying the investigation".
With acknowledgement to Sapa and Independent On Line.