Publication: Cape Times Issued: Date: 2006-09-08 Reporter: Ingrid Oellermann Reporter: Reporter:

Now Zuma Prosecution Finds Itself Arguing in Favour of a 'Speedy Trial'

 

Publication 

Cape Times
Date

2006-09-08

Reporter

Ingrid Oellermann

Web Link

www.capetimes.co.za

 

Pietermaritzburg: In an ironic twist in the Jacob Zuma fraud and corruption case here, state advocate, Billy Downer found himself arguing yesterday in favour of a "fair and speedy trial" for the accused.

Downer said it appears the defence now favours an "indefinite delay" while the case is struck off the roll pending the finalisation of a host of related litigation.

He urged Judge Herbert Msimang not to grant the defence request, saying that having regard for the public interest in the case and in the interests of a speedy and fair trial for the accused, it would not be the correct course of action.

He urged the court instead to grant the state's request for time to finalise its revised indictment based on "new evidence" contained in its 500-page KPMG forensic accountants report with accompanying annexures said to fill 54 box files.

Msimang adjourned the case until September 20 for a ruling on the application for postponement, but not before the prosecution team made use of a final opportunity to hit back at defence accusations earlier this week slating their conduct of the case thus far.

Downer said far from the state having done an "about turn", it was the defence that had changed its tactics.

"First the defence said that we went to trial too late. Now they say we are going to trial too early … it doesn't make any sense,"said Downer, responding to the defence complaint that they cannot be expected to finalise their preparations for trial within five months even if the state delivers on its promise to give them a revised indictment on October 15.

Downer termed it "strange" that the defence is now urging the court to postpone the case indefinitely while other related litigation such as the Supreme Court of Appeals ruling on the Schabir Shaik judgment and finalisation of disputes over the legality of the State's search and seizure raids, is decided.

Their initial opposition to the application for a postponement was that any undue delay would render the trial unfair, he said.

And the issue of broken promises again came under the spotlight with Downer shooting down defence accusations that the state cannot be trusted to keep its promises.

Downer called the accusations "unnecessary and offensive to put it bluntly" *1. He said the defence had no grounds for saying the state has shown a tendency not to keep its promises.

Downer maintained they never promised the defence an indictment by March, but had said they would "endeavour" to give them one by then. This was not possible due to difficulties that arose and the state had kept the defence fully informed of these developments. It was, therefore, unfair for the defence to now make this accusation, Downer maintained.

Judge Msimang, sitting with assessors Henry Sithole and Zama Phillip Nkosi, said the important question really is whether the state has a reasonable expectation that the disputed evidence will be available to them by the time the case comes to trial, if an adjournment is granted.

Downer maintained that the state would be ready to start with the trial in the early part of 2007 - if it was given the chance to amend and serve its new indictment, but said whether the case will, in fact, start then or not is largely in the hands of the defence which has to prepare for trial.

He said the state accepted that the accused had suffered social and other prejudice due to the charges facing them, but maintained this was "normal" and beyond the state's control.

With acknowledgements to Ingrid Oellermann and Cape Tiems.


*1       Come on Billy, it's just porridge.