Publication: Sapa Issued: Pietermaritzburg Date: 2007-03-22 Reporter: Giordano Stolley

'Rumours' Used to Oppose Mauritian Bid

 

Publication 

Sapa
BC-COURT-2ND-LD-ZUMA

Issued

 Pietermaritzburg
Date

2007-03-22

Reporter

 Giordano Stolley

 

Legal teams for French arms company Thint and former deputy president Jacob Zuma were using "argument, supposition and rumour" to oppose the State's bid to secure the release of documents from Mauritius, the Pietermaritzburg High Court heard on Thursday.

State prosecutor Billy Downer told the court that despite the defence's assertions that it had "unclean hands", the National Prosecuting Authority (NPA) 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.

The National Prosecuting Authority is seeking to persuade Judge Phillip Levensohn to sign a letter requesting co-operation from the Mauritian authorities to release the documents, including the 2000 diary of Alain Thetard -- the former chief executive of Thales International's South African subsidiary Thint (Pty) Ltd.

The first day of proceedings was attended by both Jacob Zuma, whose arrival at court caused a media frenzy, and the current Thint chief executive Pierre Moynot.

Shortly before Zuma arrived Moynot was seen playing the number puzzle game Sudoku as he waited for proceedings to begin. A small contingent of Zuma fans kept vigil outside the court buildings as proceedings began.

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 both Thint and Zuma had argued that search and seizure raids carried out in Mauritius were unlawful.

They claimed in their papers filed that, in 2001, a Mauritius Supreme Court order did not authorise copies of the seized documents to be given to the South African authorities and that it was improper for a South African court to adjudicate on the release of these documents.

However Downer argued on Thursday that since the documents were not the property of Thint, but rather the property of Thales International, the Thint companies had a "limited interests" in the documents, which are currently in the possession of Mauritian authorities.

"The Mauritians are sitting with their hands tied," said Downer.

He said the Mauritian authorities needed a request to be made to the attorney general of Mauritius for the documents to be released.

Downer pointed out that when Thales International initially sought an injunction to prevent the documents being brought to South Africa, the chief motivation had been to prevent "irrelevant" documentation from leaving Mauritius.

Much of the argument on Thursday morning centred on two sections of the International Co-operation in Criminal Matters (ICCM) Act.

However, in their papers Thint and Zuma have claimed that the two sections did not apply because the State had never withdrawn its case.

Downer argued that because the corruption case against Zuma and Thint had been thrown out of court by Judge Herbert Msimang last September, all actions relevant to that trial had ended.

Downer said that if Zuma and Thint believed that the State had "unclean hands" when it took copies of the documents -- some of which were used and accepted as evidence in the 2005 corruption trial of Schabir Shaik --"the State should have are the originals.

"All we have from the defence is argument, supposition and rumour."

He said the State was not seeking new search and seizure raids, but only the original documents. Downer pointed out that the legality of the actual raids had never been contested and the injunction obtained by Thales International effectively sought to ensure that sensitive company information did not become public.

When asked what the 13 sets of documents were, Downer said they included Thetard's diary as well as the received copy of the "encrypted fax" that became central to the conviction of Shaik.

With acknowledgement to Giordano Stolley and Sapa.