Publication: The Star Issued: Date: 2007-03-23 Reporter: Karyn Maughan

Zuma Trial Inspires New Stance on Kebble Trial

 

Publication 

The Star
Date

2007-03-23

Reporter

 Karyn Maughan

Web Link

www.thestar.co.za

 

Stratton's lawyers to focus on conduct of Shaik's case to avoid extradition

Brett Kebble murder suspect John Stratton has found an unlikely source of inspiration in his quest to dodge the dock: former deputy president Jacob Zuma.

Now Stratton's legal team - which includes Francois van Zyl SC, the advocate who represented Zuma's former financial adviser and convicted fraudster Schabir Shaik - looks set to use the state's conduct of its corruption-conspiracy case against Zuma and Shaik to keep him from being extradited.

Ex-JCI director Stratton wants the Pretoria High Court urgently to stop the National Prosecuting Authority from requesting that he be extradited to face charges related to his former business associate Kebble's death in September 2005.

Time is of the essence, as Stratton is currently undergoing treatment for prostate cancer.

The application is expected to be heard next month.

The state has, however, branded Stratton's efforts to challenge the extradition agreement between Australia and South Africa as a delaying tactic.

Scorpions special investigator Andrew Leask revealed yesterday that the state intended to prove that "at least" Stratton and alleged druglord Glenn Agliotti conspired to kill Kebble. Agliotti claimed Kebble orchestrated his own death as part of a bizarre "assisted suicide" plot.

"Because the state's case is founded on the allegation of a conspiracy between (at least) Mr Agliotti and Mr Stratton, it is of utmost importance that Mr Agliotti and Mr Stratton should be tried together," Leask said in court documents.

"Separate trials are highly undesirable and prejudicial to accused persons, witnesses and the prosecution *1. Not only will a joint trial prevent witnesses from testifying in two different trials, it will also prevent the accused from accusing each other in the comfort that the other will not be able to testify or defend himself," he said.

Leask's submissions seemingly contradict the arguments advanced by the state when both Shaik and Zuma claimed that being tried separately would compromise their right to a fair trial.

In the face of criticism from five different judges, the state maintained that its decision to prosecute Shaik and Zuma separately had in no way infringed their rights.

Earlier this year, senior Scorpions member Johan du Plooy described as "absurd" Shaik's Constitutional Court claim that his rights had been compromised because he was not tried with Zuma *2.

It is understood that Stratton's legal team are scrutinising Du Plooy's response as backing for their argument that Stratton did not need to be extradited before the Kebble murder trial could begin.

Forensic auditors have reportedly confirmed that Stratton, who was the second-last person to speak to Kebble before he died, was one of the beneficiaries of Kebble's transactions.

Leask did not give details of what evidence the state had against Stratton, but stressed that his presence alongside Agliotti was essential to the progress of both men's trials.

With acknowledgements to Karyn Maughan and The Star.


*1       Sauce for the goose.


*2      Sauce for the gander.

But let's not blame Special Investigator Andrew Leask or Senior Special Investigator Johan du Plooy for these contradictions, they're just doing their jobs in their ring-fenced areas.

It's because the management of the NPA is running around like a chicken without a head.

Why Jacob Zuma and Thomson-CSF were not charged with Schabir Shaik is a question that needs to be put to that headless chicken, Bulelani Ngcuka and his unnamed senior counsel "with experience in such matters".

It's nonsense and they know it.

If Jacob Zuma, Thomson-CSF and Schabir Shaik had been charged together, that matter would now have been fully concluded (other than the intriguing constitutional argument that corruption was a legitimate part of black economic empowerment) and the only available DSO/NPA investigating team could be performing their duties in respect of, inter alia, Chippy Shaik and Fana Hlongwane.