State to ask judge to seek Thint papers from Mauritius

The National Prosecuting Authority (NPA) is to ask the Durban High Court to ask that Mauritian authorities hand over documentation that may show a meeting took place between ANC deputy president Jacob Zuma, Schabir Shaik and the former chief executive of French arms manufacturer Thint.

Zuma’s Thint’s legal teams yesterday said they had received copies of the notice “to make an application to a judge in chambers on December 12 at 9.30 am”.

The NPA is asking the high court to issue a letter of request to the attorney-general of Mauritius in terms of the International Co-operation in Criminal Matters Act.

The documents held in Mauritius include the 2000 diary of Alain Thetard, the former chief executive officer of Thint.

In supporting documentation it is revealed that the entry in Thetard’s diary for March 11, 2000 “is a particularly important piece of evidence for the state in the present prosecution. It appears from this entry that Thetard met with ‘J Zuma + SS’ in Durban on that day.”

Shaik was convicted of fraud and two counts of corruption by Judge Hilary Squires in July 2005.

Earlier this year the Supreme Court of Appeal upheld the Squires judgment.

On the second count of corruption, Shaik was found guilty of attempting to solicit a R500 000-a-year bribe for Zuma from Thetard.

The attorney for Thint, Ajay Sooklal, said the NPA’s application for the Mauritian documents would be opposed.

Zuma’s attorney, Michael Hulley, said Zuma had been informed of the state’s application and that the application would be opposed.

In an affidavit filed, investigating officer Isak du Plooy said: “There is a reasonable prospect that charges could in future be re-instituted against one or more of the erstwhile accused and/or others, more particularly since the Supreme Court of Appeal has in the interim comprehensively confirmed the findings of the trial court [in the Shaik appeal].”

In March, the NPA attempted to obtain a similar letter of request, but Judge Pete Combrinck ruled that any letter of request would have to be granted by a trial judge.

In September this year, Judge Herbert Msimang struck the case against Zuma and Thint from the roll after the state had sought a postponement pending the outcome of the Shaik appeal, and a challenge to the search and seizure raids carried out on Zuma, his attorneys and Thint.

The outstanding Mauritian documents were also presented to the court as a reason for the postponement of the case.

Asked if the opposition to the documentation will not further delay any proceedings against Zuma, Hulley said: “It would mean a delay, but it is acceptable in the course of protecting Zuma’s rights”.

Hulley said he could not discuss on what grounds the NPA’s application would be opposed.

With acknowledgement to Sapa and The Witness.