Zuma Conviction Very Possible, says State |
Publication |
Sapa |
Issued | Johannesburg |
Reporter | Sapa |
Date | 2008-03-12 |
The state believes it has a good chance of convicting *1
Jacob Zuma on corruption, its advocate Wim Trengove told he Constitutional Court
on Wednesday, as he fought for the right to keep documents seized in the
investigation against Zuma.
"We are sure that we have a case, not merely a prima facie
case, but a case with a reasonable prospect of conviction," Trengove
said, with Zuma sitting behind him in the front row of the public gallery.
He said the difference between interpretations of the search warrants used in
the searches, by the state on the one hand and Zuma, arms company Thint and
Zuma's lawyer Michael Hulley on the other, was "extremely narrow."
Thint argued that the warrants issued by Transvaal Judge President Bernard
Ngoepe were authorized without a case being made to Ngoepe.
Zuma's lawyer, Kemp J Kemp, said there was no affidavit with information on the
investigation attached to the warrants.
Trengove said neither Section 29 of the National Prosecuting Authority Act nor
the Constitution made provision for the attachment of an affidavit as suggested
by Kemp.
While the searches had to be done in a dignified manner that respected privacy,
the person being searched was not entitled to start
challenging the state's interpretation of the authority on the scene.
He was only entitled to be told on what authority it was being done and was
entitled to have his questions answered.
"Of course that afternoon he (a person being searched) can go to his lawyer,"
said Trengove.
He said the admissibility of the documents could also be decided at trial.
In court papers Hulley said that he left his offices for the airport on the
morning of the raid and it was only on his way to the airport that he tried to
challenge the raid and secure an affidavit, nor was he familiar with what he
could have done on the scene. He only received an affidavit the following day.
The court heard that he pointed out boxes of financial records that the
searchers wanted.
Trengove said the annexes on the warrant saying what was sought gave an
indication of the type of investigation.
The investigating officer, Johann (sp ?) du Plooy,
had also justified his application for the warrants in a sworn statement to
Ngoepe.
Trengove said the searches were a continuation of the investigation originally
done for the purposes of the trial of Schabir Shaik, Zuma's former financial
adviser, who was convicted of corruption relating to a R500 000 bribe Zuma is
alleged to have received from him.
"There is a case, a reasonable prospect of conviction," said Trengove.
Zuma and Thint are trying to overturn a Supreme Court of Appeal decision that
the documents may be used in Zuma's forthcoming August 4 trial, on the grounds
that the warrants that allowed the searches were invalid.
With acknowledgements to Sapa.