Publication: The Star Issued: Date: 2006-07-31 Reporter: Sipho Khumalo Reporter: Wendy Jasson da Costa

Last-Minute Submissions set to Delay Zuma's Trial

 

Publication 

The Star
Date 2006-07-31

Reporter

 Ingrid Oellermann

Web Link

www.thestar.co.za

 

Prosecution may request time to study defence's response to postponement

The prosecution team has been kept waiting till the eleventh hour to learn by what means the defence team would attempt to challenge the state's application to postpone the trial of ANC deputy president Jacob Zuma to early next year.

Although Pietermaritzburg quivered in anticipation of Zuma's high court appearance today, the indications were that the start of the trial would likely be delayed for at least a day or two to give the prosecution time to study the defence's response to the main application for a postponement.

And, depending on the complexity of the replies expected to be filed by the defence today, the state might also ask for up to a week to prepare their own replying arguments.

If the argument cannot proceed sometime this week or early next week, the prosecution might ask for the delay to extend up to September, as the state also has to contend with an appeal by Schabir Shaik, Zuma's former financial adviser, on August 21.

Indications were that the defence would not oppose the state's request for time.

Zuma's attorney, Michael Hulley, confirmed last night that the defence would serve its responding papers on the prosecution early this morning.

There has been speculation that the defence will demand a complete striking-off of the charges of corruption and fraud.

The defence was also expected to cite alleged "unreasonable" delays on the part of the state in finalising its investigations as affecting the rights of the accused - Zuma and French arms company Thint - to a fair trial.

The state has submitted that it has been unable to finalise the indictment in the case because of factors beyond its control.

These included lack of clarity over the legality of search and seizure raids at the homes and offices of Thint representatives, Zuma, his lawyers and associates; an application which still has to be made to get original documents from Mauritius that allegedly prove a meeting took place between Zuma, Shaik and a Thint representative; and the pending appeal by Shaik against his conviction for corruption and 15-year jail sentence.

The trials of Zuma and Shaik remain linked, with the state's allegations being that Zuma had a "generally corrupt" relationship with Shaik, and that he took a bribe from Thint in exchange for his support for the French company's bid in the arms deal.

Pietermaritzburg was quiet yesterday ahead of preparations for a night vigil by Zuma supporters in Freedom Square in front of the high court.

From early in the day, barricades were erected at strategic points, blocking off the area around the high court and the adjacent magistrate's and regional court buildings.

The roadblocks were manned by traffic officers. Water tankers and portable toilets were in place in Freedom Square.

Pietermaritzburg tourism director Melanie Veness confirmed that hotels as well as bed and breakfast establishments had filled up as Zuma's court appearance approached.

Stringent security was expected around the court building today and only those with accreditation from the National Prosecuting Authority would be allowed access to the trial.

The identity of the trial judge, which has remained a closely guarded secret, was to be known after months of speculation, during which Judge Herbert Msimang was tipped as a leading contender for the position.

With acknowledgements to Ingrid Oellermann and The Star.