Publication: Business Day Issued: Date: 2006-08-30 Reporter: Ernest Mabuza

Zuma Trial Delays Hurt Business ­ Thint

 

Publication 

Business Day
Date 2006-08-30

Reporter

 Ernest Mabuza

Web Link

www.businessday.co.za

 

French arms company Thint, the co-accused with former deputy president Jacob Zuma in the corruption trial, yesterday said the delay caused by not being charged with Zuma’s former financial adviser Schabir Shaik had caused “immense” public embarrassment to the company, resulting in loss of international business.

The company has joined Zuma in opposing the state’s application for the postponement of the trial.

It is also applying for a permanent stay of prosecution, or alternatively that the court strike the matter off the roll.

In its heads of argument, the company said it was suffering real prejudice from the state’s decision to first withdraw and then reinstitute charges against it.

It said it had been deprived of the benefits of being tried together with Shaik as alleged co-conspirator, since it could have questioned Shaik on some of the claims he made during his trial.

“There are practical considerations that underlie the policy to prosecute co-conspirators together.

“When the state departs from this, there are consequences to the accused… (Thint) would have had the advantage of cross-examining Shaik in regard to the allegations and to the findings made regarding credibility.

“In all likelihood, Shaik will not be called as a witness in this trial, having been discredited in the previous trial,” the company said.

As a result, it said the state could have finalised the matter a long time ago. It said it was concerned about the reputation and integrity of the group, as the allegations made in the indictment in 2004 were affecting its business.

It argued that the then Justice Minister, Penuel Maduna, and the former National Director of Public Prosecutions, Bulelani Ngcuka, had been interested in reaching an agreement to drop the charges against it in return for co-operation by Alain Thetard, the former South African director of Thomson CSF, now Thint.

Thetard had been required to write the “encrypted fax” incriminating Zuma, Shaik and the company in a bribery deal.

Scorpions head Leonard McCarthy yesterday also filed with the court a replying affidavit detailing some of Zuma’s concerns.

Zuma had accused McCarthy of not giving attention to public protector Lawrence Mushwana’s report on the complaint he had made against Ngcuka, including how the National Prosecution Authority had responded to it.

In that response, the NPA said it was unclear why Mushwana had persisted with the investigation when Zuma had not exhausted his legal remedies.

It said Mushwana’s report was silent on how he had arrived at the conclusion that Zuma’s complaint fell within his jurisdiction.

With acknowledgements to Ernest Mabuza and Business Day.