Publication: The Star
Issued:
Date: 2007-03-30
Reporter: Zelda Venter
| Publication |
The Star
|
| Date |
2007-03-30
|
|
Reporter
|
Zelda Venter |
|
Web Link
|
www.thestar.co.za
|
Court
order given to get UK help on 'sources of funding'
Jacob Zuma has
received the firmest indication yet that he will be charged for fraud and
corruption.
Yesterday, the National Director of Public Prosecutions
applied for, and got, a court order to extend its inquiries to British banks and
lawyers in its investigation against Zuma and French arms company Thint.
Judge Ben du Plessis ruled that the competent authority of the UK be
requested to provide the legal assistance sought by the NDPP in its
investigation.
The court order states: "There are
reasonable grounds for believing that offences have been committed in the
Republic of South Africa or that it is necessary to determine whether
offences have been committed, and that an investigation in respect thereof is
being conducted."
The judge said it was in the
interest of justice that the information be obtained in the UK.
Leonard McCarthy, head of special operations and the NDPP, stated in the
letter of request that it was clear from the facts emanating
from the Schabir Shaik trial that there was at the very least prima facie
evidence that Zuma and the Thint companies were guilty of corruption and
money-laundering.
"Further, the offence of
racketeering is still under investigation and there is a possibility that
this might be added to the (provisional) indictment, should the prosecution be
reinstituted," McCarthy said.
After Shaik's conviction and subsequent
15-year jail sentence, Zuma was indicted on charges of corruption.
A
provisional indictment and summary of the facts was served on him on June 29
2005 when he appeared in court.
The state aimed to amend these documents
before the trial started to encompass the results of a new investigation
following the Shaik trial. McCarthy said the new
investigation was continuing.
The state was not ready to begin
with prosecution in September last year and asked for an adjournment, which was
refused, and the matter was struck from the roll.
McCarthy said there
was no legal bar to the reinstitution of the proceedings
against Zuma or Thint, although the latter two contended they were
entitled to a permanent stay of prosecution against them. He said it was
necessary that the current extended investigation be continued.
In order
to build up a watertight case against Zuma and Thint, the NDPP needs the
assistance of the manager of Barclays Bank London, where the account of
solicitors Berwin Leighton Paisner is held.
They will also approach the
latter regarding details of a payment made in August 2001 from their bank
account to an entity in South Africa named Cay Nominees
Ltd*1 . They will also seek information from further entities that might
be identified in the course of their investigations.
McCarthy said the
NDPP needed assistance in obtaining a forensic analysis of all of Zuma's sources
of funding "in order to strengthen our contention that he was not in a position
to repay loans of this magnitude".
With acknowledgements to Zelda Venter and The Star.
*1 The company belonging to Jurgen
Kogl, the interlocuter appointed by Barbara Masekela to act on her behalf with
Thomson-CSF in respect of Arms Deal business.
There is prima facie
evidence that Kogl and Masekela were up to no good in the Arms Deal and the NPA
needs to act without fear or favour in this respect.