Legal Rumble In Sleepy Hollow |
Publication | Sunday Independent |
Date |
2006-09-03 |
Reporter |
Jeremy Gordin |
Web Link |
Never mind the 1974 Rumble in the Jungle, the September 5 2006 corruption trial of Jacob Zuma and Thint looks set to be - legally speaking at any rate - the Rumble in Sleepy Hollow.
The state also said that insults that
have been levelled at it for prosecuting Zuma and Thint - and for the way in
which this has been done - have been "unfounded,
inappropriate and intemperate".
The state was referring to
comments by the defence that it had been "extremely misleading", "disingenuous",
"less than frank with the court", and "[had] acted scandalously".
The
state said it would not react to such sabre-rattling, but would stick to the
law. The state argued that Zuma's claim that his hope of becoming a leader of
the ANC and the country may be thwarted if the current charges are still pending
in 2007 was at best speculative.
Zuma claimed, said the state, that it
was "plainly essential" that his fate be determined well before next year, not
only in his personal interest, but also in "the national and public interest".
But there had been no evidence to suggest that the trial will not have
been concluded by the time of the December 2007 ANC elections, referred to by
Zuma as the pivotal date in his political life.
Regarding Zuma's claim
that certain individuals would allegedly seek to "exclude [him] from any
meaningful political role" if the trial were pending, the state said Zuma had
not identified these "shadowy" individuals, and "we respectfully submit … that
the prosecuting authorities cannot be held hostage to [Zuma's] hopes to stand
for high office at the end of 2007".
Anyway, said the state, if Zuma
"will indeed at the end of next year be a candidate for high public office, then
it is all the more important that his prosecution should not be stifled… If he
is innocent, it is of vital importance to him, his party and the country that
his innocence be established.
"If he is guilty on the other hand, then
it is vitally important that his guilt be exposed for all to see… It is of vital
personal and national interest that this case be determined on its merits after
a full and open public inquiry."
Regarding Zuma's claims that the
charges against him had lost him the deputy presidency and caused him to be
unemployed and unemployable, the state said that Zuma had not substantiated the
claims in any way.
"He does not indicate what employment he applied for,
when he applied for it or what response he received.
"He does not even
indicate what sort of employment he is qualified for or interested in.
"We submit that these complaints are so lacking in specificity that they
should be discounted in their entirety."
In any case, if Zuma had indeed
been injured politically and socially, "[this] is [the] unfortunate fate of most people who stand accused of serious and
complex commercial crime".
The state maintained there have been
no "unreasonable" delays either in charging Zuma or in bringing him and Thint
Holdings to trial.
It said that the "clock only begins to run" once an
accused had been charged.
In Zuma's case, the state said, Zuma became an
accused on June 20 2005, and Thint and Moynot on November 4 2005.
Using
July 31 2006 as a benchmark, the state said that a delay of about 13 months for
Zuma and nine months for Thint "is not unreasonable and is modest compared to
the typical systemic delays in high court trials".
With acknowledgements to Jeremy Gordin and Sunday Independent.