JOHANNESBURG – The National Prosecuting Authority (NPA) probe into the Jacob Zuma fraud and corruption affair will receive either a boost or a blow today.

Judge Phillip Levensohn will this morning deliver his ruling on the State’s application for a letter of request to the Mauritius Attorney-General to obtain crucial documents held by the Mauritian courts.

The documents of French arms manufacturer Thint, which was a co-accused with Zuma before charges were struck from the roll in September last year, include the all-important diary of Thint’s former SA boss, Alain Thetard.

It is in this diary, the NPA believes, that Thetard noted a meeting held between himself, Zuma and the ANC deputy president’s former financial adviser, Schabir Shaik.

This meeting was also where, according to the NPA, a R500 000 bribe per year for Zuma was discussed, while he in turn would swing lucrative contracts the way of the French arms manufacturer.

In the event of Zuma being charged again, his legal team has already made it clear they will oppose admission of the contents of the much-hyped diary.

Leading defence counsel advocate Kemp J Kemp told Judge Levensohn during two days of legal arguments in the Pietermaritzburg High Court, on March 22 and 23, the defence would also argue that no such meeting took place.

Kemp stated they were of the belief that Thetard had used the diary to note upcoming events.

Nevertheless, Judge Levensohn will today rule on whether he grants the State’s request, or accepts the defence argument that investigations against their clients had been improper.

But even in the event of Judge Levensohn denying the State’s request, it does not necessarily mean the end for the NPA’s case.

Earlier an NPA source explained to The Citizen a point of law colloquially called the “best evidence rule”.

The source explained copies could be used if both sides agreed to render them admissible, citing the Shaik trial as an example.

“Secondly, they can be used if copies are the ‘best evidence’ available.

“If the originals are lost or destroyed, then evidence can be led to that effect, and copies can be used.