Alain Thetard, a fugitive French arms dealer, doesn’t want to testify in defence of Jacob Zuma and his employer “in prison clothes” – this is one of the reasons Pierre Moynot gives for the charges against French Arms company Thint and Zuma to be permanently squashed.

Moynot is the Managing Director of Thint Holdings in South Africa and a Director of Thint (Pty) ltd. His companies are the co-accused along with former Deputy President Jacob Zuma in Zuma’s corruption trial.

In his affidavit handed in to the Pietermaritzburg High Court, Moynot explains how the fact that the Scorpions want to arrest

Thetard makes it difficult for the defence teams to have a fair trial.

At the corruption trial of Schabir Shaik it was accepted that Thetard had written a fax to his head office asking for a bribe for Zuma. This fax was, Judge Hillary Squires found, typed up and sent on a special fax machine that encrypted it to Paris.
Expert computer analysts gave testimony that the fax was printed out and faxed and Thetard’s former secretary, Sue Delique, confirmed she had sent it.

However in court documents put up by the former head of the Scorpions, Bulelani Ngcuka and former Minister of Justice Penuel Maduna last week it was revealed how the Scorpions had cut a deal with Thetard. After discovering the fax and obtaining Delique’s testimony the Scorpions put out a warrant for Thetard’s arrest on corruption charges.

This warrant was cancelled after Thetard agreed to confirm he was the author of the fax.

However as soon as this warrant was cancelled Thetard typed up an affidavit saying the fax had not been sent to Paris and that it was simply a rough note that he had crumpled up and thrown away.

The Scorpions were infuriated at this but managed to convince Judge Squires that the note had been typed and faxed. Forensic experts also confirmed the original note had never been crumpled up.

During the Shaik trial the Scorpions handed in dozens of files of documents as evidence. Included in these files was an application for a re-issue of Thetard’s warrant of arrest.

Moynot claims that, until Thetard was informed of this, he had no idea there was still a warrant for his arrest. Moynot points out that the application for the arrest warrant to be re-issued was made two days after the state closed its case against Shaik and at a time when the state knew Shaik’s legal team was on its way to Paris to consult with Thetard with a view to having him as a defence witness.

Moynot then challenges the lead Scorpions investigator, Johan du Plooy, to state whether or not the state were aware Thetard may have been called as a defence witness when they asked for a warrant to lock him up if he entered South Africa.
Moynot then goes on to say that Thetard has told him he has no faith in the South African prosecuting authorities and believes this re-issued warrant was a “contrived attempt” to prevent him testifying in defence of Shaik.

Moynot continues that he has been told that Thetard has vowed never to testify in a South African court because, if called to give evidence, he would have to take the stand “in prison clothes.”

Moynot goes on to say that many other potential defence witnesses are also reluctant to come to South Africa to testify as they too fear being arrested. He goes on to say that no promise of immunity from prosecution is likely to change their minds.
Thetard has, Moynot claims, not set foot in SA since 2001.

Moynot then goes on to say that, had his company been charged at the same time as Shaik, he would have been able to defend his companies. The long delay in bringing charges has, Moynot claims, led to his companies being prejudiced and so the state should withdraw all charges.

If the state will not permanently withdraw all charges Moynot asks that they be suspended and only reinstated with the written permission of the head of the Prosecuting Authority.

With acknowledgements to Paul Kirk and The Citizen.