Publication: Independent Online Issued: Date: 2006-07-05 Reporter: Jeremy Gordin

Raids by Scorpions were Legal, says Judge

 

Publication 

Independent Online

Date

2006-07-05

Reporter

Jeremy Gordin

Web Link

www.iol.co.za

 

"Fantastic, fantastic - and you can quote me on that," said Anton Steynberg, the deputy director of public prosecutions in KwaZulu-Natal and the deputy prosecutor in the forthcoming Jacob Zuma corruption trial.

He was reacting to the judgment released on Tuesday by Pretoria High Court Judge Ben du Plessis, who has ruled that the search warrants used by the Scorpions last year to search the Pretoria offices of Thint, the local arm of the French armaments manufacturer Thomson/Thales, were valid.

Judge Du Plessis also ruled that the Scorpions therefore did not have to return any of the documents or other items taken during a search-and-seizure raid on August 18.

The Scorpions raided Thint's offices looking for material in preparation for the scheduled July 31 trial of former deputy president Zuma and Thint.

Last year Zuma was charged with corruption and fraud, and Thint with corruption, following the conviction of businessman Schabir Shaik, Zuma's former financial adviser.

Thint is alleged to have agreed with Shaik, with whom it was involved in a joint venture, that it should pay Zuma for "protection" related to investigations into the multi-billion-rand arms deal.

Thint, as well as its managing director, Pierre Moynot, applied last week to have the search warrants, signed by Bernard Ngoepe, the Judge President of the Transvaal, declared invalid and for an order that everything seized by the Scorpions be returned.

Kessie Naidu, for Thint, argued that the search warrant had been "unlawfully and improperly" obtained because not all the "material facts" - such as, that Thint might become one of the accused after August last year - had been disclosed to Judge Ngoepe. Judge Du Plessis found, however, that the facts in question had been "correctly conveyed" to the judge president.

Judge Du Plessis also found that the Scorpions had not acted in bad faith by failing to indicate clearly that Thint had legal representation and that therefore some of the documents seized by the Scorpions might be protected by "legal privilege". Judge Du Plessis accepted the Scorpions' version that Thint's secretary did not claim legal privilege for documents in her computer at the time of the raid.

Last year, other warrants issued by the judge president - for raids on the Johannesburg premises of Juleka Mahomed, a former Zuma attorney, and on the Durban offices and premises of Zuma and Michael Hulley, Zuma's attorney - were declared invalid by the Johannesburg and Durban high courts, respectively. Judge Du Plessis noted, however, that these two raids were clear infringements of legal privilege as they involved raids on lawyers' offices, whereas Thint's offices were not legal ones.

Judge Du Plessis also rejected Thint's argument that the terms of the warrant in its case had been "over-broad". The judge said the warrant did specify that items seized would have to be related to the forthcoming court case.

Judge Du Plessis also ordered that Thint must pay the costs of its failed application but ruled that the Scorpions and the National Director of Public Prosecutions must lodge all copies of a detailed plan of Moynot's home with the registrar. Moynot wanted the plan of his home, drawn up by investigators, returned for personal security reasons.

Shaik is currently appealing his conviction on two charges of corruption and one of fraud.

With acknowledgements to Jeremy Gordin and Independent Online.


Luckily the DSO's men and women only allegedly commented on the underwear and shoes in Bijou Moynot's drawers. Otherwise the poor judge might have had to make a court order for these to be returned to the offended wife of the Candid Frenchman.

From where did the money come to purchase this allegedly high quality apparel? From the Corvette Combat Suite Contract, the Ground Based Air Defence contact? But causation might have proven challenging.

One down, a few to go.