Publication: Sunday Independent Issued: Date: 2006-11-12 Reporter: Liz Clarke Reporter:

Shaik Judgment Reinforces Just Judicial System

 

Publication 

Sunday Independent
Date

2006-11-12

Reporter

Liz Clarke

Web Link

www.sundayindependent.co.za

 

Those who fear that the country's judicial system could go the way of other countries in Africa might need to think again.

In the aftermath of Schabir Shaik's trial, legal observers have praised the process that saw the high-flying business tycoon imprisoned for 15 years, describing the trial and subsequent appeal hearings as "meticulous" and "precisely following the due process of law".

Accepting this contention Judge Hilary Squires, in his first interview since delivering judgment and sentence in the highly publicised trial of Shaik, said that the system enabled the court to do a "difficult" job in the "full glare of public attention".

The judge was speaking at his Durban home, agreeing as he put it, to discuss "certain elements" of the trial "as long as my opinions are kept out of it".

He praised both teams of advocates, for the prosecution and the defence.

"They were able to reduce to the essentials a huge pile of evidence. That was a feat in itself and made the court's task a lot easier."

He described the two assessors, AB Mohammed, SC, and retired regional magistrate Japie Jacobz as "towers of strength".

"Without their assistance I could not have coped with the mountain of evidence before us."

It is estimated that more than 6 000 documents were processed as evidence during the five-month trial in the Durban high court.

"They could have overruled me on issues of fact, but fortunately no disagreement ever arose."

He agreed that "in the eyes of the outside world" the judicial process "and the manner in which it is upheld" was an important barometer of any country when it came to international standing and financial investment.

In this regard it may be no coincidence that the rand strengthened from R14 to the British pound to R13,75 on the same day that Shaik was incarcerated.

Squires admitted that he was "certainly relieved" to learn the supreme court of appeal (SCA) had unanimously upheld his judgment and sentencing of Shaik and was "pleasantly surprised" by some of the endorsements of his findings, which were more focused than his own.

The appeal court described the Squires judgment as "extensive, thorough and detailed" and one which "subjected the evidence to close analysis before stating its conclusions with care and clarity".

Among the trial findings upheld by the SCA were that:

Shaik made payments to Zuma with the intention of influencing Zuma to perform his duties "in a way that would be of advantage to Shaik's commercial interests".

While it was admitted that Shaik made 238 payments totalling more than R1,2 million to Zuma, the contention that they were for the ANC could not be believed.

The trial court's credibility finding against Shaik (referred to as "Zuma's financial adviser") was fully justified.

The friendship with Zuma was persistently and aggressively exploited by Shaik for his own and his group's business advantage and that Zuma's efforts contributed to Shaik acquiring a material interest in a lucrative contract to supply armaments for the navy's new corvettes.

The encrypted fax was admissible and there was "abundant surrounding evidence" that Shaik requested (of his French partners) a bribe for Zuma.

Legal observers said the encoded fax that contained information about certain payments to former deputy state president Jacob Zuma - and his alleged acknowledgement of the contents - could become an evidential base of any similar inquiry involving the politician.

With acknowledgements to Liz Clarke and Sunday Independent.