Publication: Daily News Issued: Date: 2006-07-21 Reporter: Heinz de Boer Reporter: Sharlene Packree Reporter:

Zuma to Fight Postponement

 

Publication 

Daily News
Date

2006-07-21

Reporter

 Heinz de Boer, Sharlene Packree

Web Link

www.dailynews.co.za

 

Legal team may apply for corruption case to be struck off the roll

Attorneys representing former deputy president Jacob Zuma and French arms manufacturer Thint Holdings (Southern Africa) and Thint (Pty) Limited say they will strenuously oppose the State's application to postpone Zuma's corruption trial to the first half of 2007 and may ask for the matter to be struck off the roll.

This comes in the wake of papers being lodged at the Durban High Court yesterday in which a senior special investigator attached to the Directorate of Special Operations, Johan Du Plooy, said it was "optimistic" for all parties concerned to expect the matter to be heard before February 2007.

An attorney representing Thint, AJ Sooklal, said the postponement would be unacceptable in terms of his client's rights, and accused the State of "diddling".

He questioned the State's ability to finalise its investigations, which have been ongoing since 2000 and only resulted in an indictment in 2005.

Thint's recent indictment comes after charges against the company were withdrawn in the Schabir Shaik trial, after an agreement was reached between Thint and the former national director of public prosecutions.

Sooklal's sentiments were shared by Zuma's legal representative, attorney Michael Hulley. He confirmed that he would in due course ask the court to withdraw the matter.

"The State has had more than enough time to prepare its case," he said.

Du Plooy, however, maintains that the delay in bringing the matter to court was not of the State's making *1, and was due to the defendants' appeals against search and seizure operations which took place on August 18, 2005.

The sheer volume of the documents seized, subsequent appeals and legal issues surrounding computers and electronic data that have been deemed privileged have prevented forensic auditors from issuing final reports vital to the case, he said.

Du Plooy also cited Thint's opposition to the State applying for the delivery of certain "highly relevant" documents from Thint offices in Mauritius as a further stumbling block.

"This application was opposed by accused 2 and 3 (Thint Holdings and Thint Limited) on the grounds, inter alia, that this matter fell to be decided by the trial judge *2. It is common cause that the Honourable (KwaZulu-Natal) Judge President (Vuka Tshabalala) has declined to announce the trial judge prior to the trial date of July 31.

"The result is that the State, for reasons entirely outside its control, has been unable to secure possession of the documents. The State will therefore be obliged to pursue the matter before the trial judge on July 31 or as soon thereafter. I am advised that, if the State's application for the issuing letter of request is granted, this will almost inevitably delay the trial."

"Insofar as it may be alleged that the accused may suffer personal or non-trial related prejudice due to the postponement of the trial, I am advised that such prejudice must unfortunately submit to the interests of justice in ensuring that a case of this nature is properly investigated and prosecuted," said Du Plooy.

With acknowledgements to Heinz de Boer, Sharlene Packree and Daily News.



*1      This stunt is known in Contract Bridge as The Finesse, in Procedural Law as the Naidu Finesse.

The Finesse is a highly risky option.

In this case, even Joel Mervis might not hope that all Thint's Naidu's finesses will go right.


*2      Almost on this ground alone the Thint/Naidu finesse should fail.

It must be a fallacy of logic to hold that only the trial judge can rule, yet not having been able to make such ruling (indeed not having even been appointed, publicly anyway), the case must now be dismissed because the State has not been able to finalise its case without such ruling.

May Thint's finesses not go right.