Publication: Cape Argus Issued: Date: 2006-07-21 Reporter: Reporter:

Attorneys Set to Oppose Bid to Delay Zuma Trial

 

Publication 

Cape Argus

Date

2006-07-21

Web Link

www.capeargus.co.za

 

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

In papers lodged at the Durban High Court yesterday, 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.

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

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

Thint's recent indictment comes after charges against the firm were withdrawn in the Schabir Shaik trial, after an agreement was reached between Thint and the former national director of public prosecutions.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 attorney Michael Hulley. He confirmed he would 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 the fault of the State but was due to the defendants' appeals against search and seizure operations which took place on August 18, 2005.

He said the sheer volume of the documents seized and subsequent legal issues surrounding computers and electronic data have prevented forensic auditors from issuing final reports vital to the case.

Du Plooy also said Thint's opposition to the State's application for the delivery of certain "highly relevant" documents from Thint offices in Mauritius was 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.

"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, 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 Staff Reporters and Cape Argus.