Publication: Cape Times Issued: Date: 2007-05-30 Reporter: Tania Broughton

State Preparing for 'Cut-Throat Defence' from Zuma on 'Battle of Stalingrad'

 

Publication 

Cape Times
Date

2007-05-30

Reporter

 Tania Broughton

Web Link

 www.capetimes.co.za

 

DURBAN: The state says it is gearing up for a "full-scale cut-throat defence" from Jacob Zuma if it decides to recharge him with corruption.

And Zuma's advocate, Kemp J Kemp, has likened the legal skirmishes between his client and investigators as "akin to the Battle of Stalingrad".

"This is like burning houses. We have a whole battlefield and we have a battle plan," Kemp told Durban High Court Justice Jan Hugo yesterday.

The judge was considering an application by the state for permission to proceed with its letter of request to the Mauritian attorney-general for the release of 14 documents which it wants as part of its investigation into Zuma and French arms company Thint.

One of the documents is a diary entry from former Thint representative Alain Thetard which purports to note a meeting between himself, Zuma and Schabir Shaik at which, it is alleged, a bribe from Thint to Zuma was discussed.

The letter of request was authorised earlier this year in the Durban High Court, but Zuma and Thint are taking the matter on appeal to the Supreme Court of Appeal.

This means the original order is automatically suspended, but the state wants the legal process to continue in Mauritius, claiming prejudice should the matter continue to drag on.

Each side blames the other for the delays.

Zuma says his name is being blackened by the investigation and his continued status as a "suspect". And this, he says, is being used against him by his political enemies ahead of the ANC leadership elections in December.

But the state says the situation is of his own making. He asked for - and got - his criminal trial struck from the roll in Pietermaritzburg last year. And since then he has raised every technical legal point possible to prevent the state from wrapping up its investigation and completing the docket.

Yesterday, state prosecutor Billy Downer, SC, said, "All we want is to secure the documents so they can be filed in the docket and, if necessary, subjected to handwriting analysis, so we can make a decision on whether or not to prosecute and go to trial.

"We want to whip into action *1 and they want to rein us in. It is understandable because they don't want to go to trial because they don't want to be prosecuted, but on a procedural level, it is difficult to understand."

Asked by the judge if the state would not be able to use the copies of the documents as they had in Shaik's trial, Downer said Zuma and Thint had indicated that they would prevent that at all costs.

"We know there will be a battle royal … we have been seeking the original documents since 2001 and they have done everything to stop us."

Kemp, for Zuma, argued that the delay would only be four months because of the appeal. He contended that should Judge Hugo grant the order and then the appeal court find the letter of request was unlawful, it would mean the authorities would have wasted time and money "on nothing".

The judge asked: "If a person professes innocence why go to all these lengths to prevent evidence from being obtained?"

Kemp replied: "Because the procedure they are using affects our rights to cross-examine."*2

Judgment was reserved.

With acknowledgements to Tania Broughton and Cape Times.


*1       Whatta boy.


*2      Bull manure.

How is it possible, I ask with tears in my eyes *3, M'Lord, that having the originals instead of authenticated copies can affect an accused's right of cross-examination?

This is gamesmanship of the highest order and the courts must put a stop to it now .


*3      Tears of mirth - if it weren't so damn serious.