Publication: The Witness Issued: Date: 2007-05-30 Reporter: Nivashni Nair

Mauritius Documents ‘Vital to Zuma Trial’

 

Publication 

The Witness
Date

2007-05-30

Reporter

 Nivashni Nair

Web Link

www.witness.co.za

 

Fourteen documents in Mauritius could be the deciding factor *1 on whether ANC deputy president Jacob Zuma and French arms manufacturing company Thint could be recharged.

National Prosecuting Authority’s (NPA) Billy Downer SC yesterday told the Durban High Court that the state wants to secure the documents in advance and added that it will also enable the NPA to make a decision to prosecute.

Downer said that not securing the documents has repercussions for the state’s investigation and its decision to charge Zuma and Thint.

The state yesterday made an application to the Durban High Court to allow the execution of a letter requesting Mauritian authorities to release 14 documents.

Last month Judge John Levinsohn ruled in favour of the NPA’s application for a letter of request to be sent to Mauritian authorities to release the documents, which include the diary of Thint’s former operations boss Alain Thetard, which allegedly contains an entry that could show Zuma was involved in discussing a R500 000 bribe in relation to the arms deal.

‘Letter will halt delays’

Zuma and Thint were granted leave to appeal and the matter is expected to be heard in September, but the NPA is now back in court arguing that the letter should be executed to prevent four months of further delays.

According to the NPA, Zuma and Thint have “done everything in their power” to prevent investigators from retrieving documents held in Mauritius.

Downer yesterday told the court that the NPA interest is to finish its investigation, while the respondents’ interest is to stop the investigation. He explained that efforts by Zuma and Thint include claims of prejudice and “tired phrases of conspiracies”.

Tired conspiracies

“The conspiracy theory has no foundation. There is not a shred of evidence to substantiate it. All the state seeks to do is to follow its investigation,” Downer said.

He added that Zuma and Thint’s objections are aimed at “the state’s possession of damning evidence, which might be used against them in any future prosecution”.

The state is in possession of copies of the documents and used these to secure a conviction against Schabir Shaik. However, Downer yesterday told the court that the state wants the original documents.

He said the Zuma and Thint’s defence could prevent the state from using copies as they will argue the legality of documents.

According to Downer, the delays are depriving the state of crucial evidence. However, Zuma’s advocate, Kemp J. Kemp, believes that the four months delay until the appeal would only mean that the NPA would have “scored four months on the clock”.

Zuma’s battle plan

When asked by Judge Jan Hugo why Zuma would go through such lengths to prevent the documents from being obtained if he was innocent, Kemp replied it was his duty to advance his client’s battle plan.

“We think it is important. This is not like a fight between two champ fighters. This is more like Stalingrad. It’s burning house to burning house,” he said.

Hugo has reserved his judgment, only saying that he will give his ruling “in time *2”.

With acknowledgements to Nivashni Nair and The Witness.


*1       Surely the difference between 14 originals from Mauritius and authenticated copies would not be the deciding factor whether to recharge these scoundrels - who have already to all intents and purposes been found guilty of corruption by the Supreme Court?

Don't believe me? Read the SCA's judgment.


*2      Not too much time should be required on this one.

The learned judge just doesn't want to give the impression that he's prejudged the matter.


So far, the only argument that I've detected, other than the burning houses one (which is fallacious as it is both irrelevant and an appeal to emotion ), is that there's a political conspiracy.

Even if this were true regarding Zuma, it cannot be true regarding Thint, unless Zuma has promised the positions of : That's in addition to previously reported offers to :
And some others :
It's enough to recall one's applications for permanent residence to all other 100-odd recognised nations on this planet.

And replace them for one application for permanent residence on the spare station.