Pietermaritzburg: Jacob Zuma's advocate was rebuked by the Pietermaritzburg High Court yesterday for submitting an unexpected and lengthy written argument in the state's tussle to obtain documents from Mauritius.

Most of the day was spent with prosecutors Billy Downer and Anton Steynberg arguing against the defence's objections to the state's request for Justice Phillip Levensohn to sign a letter asking the Mauritian authorities to release documents relating to Zuma's corruption trial.

When Zuma's counsel, Kemp J Kemp, submitted a new 69-page heads-of-argument, Judge Levensohn exploded: "What is the point of that? It is discourteous. I am not impressed."

Kemp attempted to argue that precedents had been set in KwaZulu-Natal that judges first get a short heads-of argument and then a long version.

"You inconvenience me. I have heard judges complain about this."

Earlier, Downer accused Thint and Zuma's legal teams of using "argument, supposition and rumour" to oppose the state's bid. Downer told the court that despite the defence's assertions that it had "unclean hands", the National Prosecuting Authority had followed the correct diplomatic channels in its bid to secure 13 sets of documents. The documents pertain to meetings between Zuma, convicted businessman Schabir Shaik, and the former chief executive of the French arms manufacturer Thales International.

Judge Levensohn repeatedly questioned Downer about the NPA's proceedings in dealing through diplomatic channels to secure the documents.

"I have difficulty in seeing that this whole process is unlawful," he commented.

The legal teams for Thint and Zuma had argued that the search and seizure raids in Mauritius were unlawful.

However, Downer argued yesterday that since the documents were not the property of Thint, but belonged to Thales International, the Thint companies had a "limited interests" in the documents.

He said a request had to be made to the attorney-general of Mauritius for the documents.

Much of the argument yesterday concerned the International Co-operation in Criminal Matters Act, with Downer arguing that because the case against Zuma and Thint had been thrown out of court by Justice Herbert Msimang in September, all actions relevant to that trial had ended.

With acknowledgement to Giordano Stolley and Cape Times.