Publication: Cape Argus Issued: Date: 2006-03-23 Reporter:

State Set To Call Some Surprise Witnesses

 

Publication 

Cape Argus

Date

2006-03-23

Web Link

www.capeargus.co.za

 

Instead of closing of its case, the prosecution in the Jacob Zuma rape trial was expected to summon a few white rabbits from its hat by calling some surprise witnesses, when the trial resumed in the Johannesburg High Court today.

It is not known who these witnesses will be or how long their evidence will be, but the State is now only expected to conclude its case by close of court business tomorrow afternoon.

The State has to date called only nine of its 28 listed witnesses. The original list included intelligence minister Ronnie Kasrils and KwaZulu-Natal Finance MEC Zweli Mkhize, neither of whom has testified.

As a result of this, the defence will only launch its application asking for Zuma to be discharged on Monday next week, when it will argue that the State has not put up a strong enough case for their client to answer.

Legal analysts say that given the fact that this is a rape case and given the court's unhappiness about easily granting such applications, it is unlikely that Zuma's bid to avoid taking the stand will succeed.

The riddle surrounding the location of the alleged rape could also be a key factor in scuppering the defence's bid for a discharge.

Zuma's accuser testified that she was raped in the guest room of the former deputy president's Forest Town home, while he claims the couple had consensual sex in his bedroom.

Senior Gauteng police officials Commissioner Norman Taoie and Detective Superintendent Bafana Linda have both claimed, in admissions that they failed to note, that Zuma pointed to his guest room as the alleged crime scene. Taoie and Linda said Zuma told them nothing happened in his own bedroom.

But Zuma's legal team claim that the two men are lying and have suggested that the deceit might have been prompted by the high-profile nature of the case against Zuma.

Should Judge Willem van der Merwe grant Zuma's discharge application, he would effectively be making a credibility finding against both Taoie and Langa.

It is also expected that Zuma's legal team, led by senior counsel Kemp J Kemp, will argue that Zuma should not be forced to present evidence in answer to the State's case.

With acknowledgement to the Staff Reporter and Cape Argus.