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Shaik's final bid for freedom |
| Publication |
Sunday Independent |
| Date | 2009-12-27 |
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Web Link |
| Schabir Shaik's final bid for freedom, his
application for presidential pardon, rests on
the same argument that eventually stymied
the prosecutorial challenge against his friend, President Jacob Zuma. This is the gist of supplementary documents filed this month in support of Shaik's application for a presidential pardon, a source told the Tribune this week. This week, Shaik may have got a slap on the wrist for breaking his parole conditions, but he probably took a step closer to his end game: hastening the pardon he believes he is due from his friend. Earlier this month, his legal team sent papers to the president's office which say Shaik was also a victim of the conspiracy to thwart Zuma's political ambitions. Shaik's application reportedly says, among other things, that he refused to cut a deal with prosecutors in return for his testimony against Zuma. The application also draws on the National Intelligence Agency tapes that resulted in corruption charges being dropped against Zuma. The tapes were of phone conversations between former National Prosecuting Authority head Bulelani Ngcuka and former Scorpions boss Leonard McCarthy in the weeks ahead of the ANC's landmark conference in Polokwane, in December 2007. The conversations discussed the timing of charges against Zuma and, according to then acting National Prosecuting Authority head Mokotedi Mpshe, showed connivance and "intolerable abuse" of the legal process. On the eve of Zuma's inauguration as president of South Africa in May, Mpshe dropped corruption charges against him. Shaik's application relies on a number of arguments and alleges in one instance that detectives probing him threatened a witness. Shaik, Zuma's former financial adviser was convicted of fraud and corruption in 2005. He was sentenced to 15 years in jail. It emerged in his trial that he tried to solicit a R500 000-a-year bribe on Zuma's behalf from a French arms company and that he paid R4 million to secure Zuma's political influence. Shaik has failed in repeated court challenges, including in the Constitutional Court, to have his conviction overturned. In April, Shaik was released on medical parole. He had applied for a presidential pardon a year earlier, but the application only started to look promising when Zuma was inaugurated as president of the country. Yesterday Zuma's spokesman, Vincent Magwenya, said he was not aware of supplementary documents filed in support of Shaik's pardon application. This week, Shaik was interrogated by prison officials and received surprise visits from parole officers. His house arrest has become more stringent and his free time has been reduced from six to two hours a week. Shaik's friends have rallied around him, saying he deserves a pardon, echoing the fraudster's utterances to a Rapport photographer when he was bust in Florida Road in violation of his parole conditions last week. He is reported to have said: "Other people are equally guilty. Why should I ask for a pardon at all? If three people were part of a so-called plot to elicit money out of the French, why are the French free, why is the president free and why is Shaik still a prisoner?" Shaik's brazen public appearance and his reaction to being caught have been interpreted as stepping up the pressure on Zuma "to stop dithering and deliver the pardon," one newspaper commented this week. DA justice spokesman James Selfe said Shaik felt entitled to the pardon on two grounds: Zuma has absolute discretion to grant pardon and "Mr Shaik correctly feels that there were other co-accused that weren't prosecuted in his trial, Zuma and Thint". Selfe said the DA's court bid to have Mpshe's decision not to prosecute Zuma reviewed was likely to be heard in March. "You can't have a corrupt relationship without somebody else." Selfe said regardless of the outcome, he believed Shaik's medical parole was unlawful. Independent Democrats leader Patricia de Lille said Shaik was "arrogant in the extreme... he has no respect for the rule of law". However, she said the Correctional Services Act was silent on a "miracle" recovery. "I asked the minister in Parliament: what happens if by some miracle or through drinking French champagne and eating curry, Shaik gets better? The minister said the law was silent on that." De Lille said she never believed Shaik was sick, in spite of publicised medical records to the contrary. She said Shaik's pardon was a sure thing. "This is one of the tests that Zuma is going to fail hopelessly. Shaik will certainly get a pardon," said De Lille. Alana Bailey of the civil rights group Afriforum, which reported Shaik's parole violation, said: "Shaik's back is against the wall. He is still seemingly blind to the fact that he is not above the law. It will be interesting to see whether veiled threats endear him to his former allies or not." This week a close friend of Shaik's said the fraudster had been shut out by his former political allies and had not heard from Zuma since his inauguration. The friend said Shaik was not terminally ill and was hoping for a pardon. Related Articles
A 6 year, R30 million investigation. A six month trial. Another year to the Supreme Court of Appeal. R28 million spent in Accuseds' legal fees. A 15 year custodial sentence. Less than two months actually served in the penitentiary. R32 million in unlawfully gained assets forfeited. Two presidential testicles very firmly held by Accused. Two ex-presidential testicles even more firmly held.by Accused's brothers. The most farcical medical parole ever given. A presidential pardon pending. A presidential pardon certain? Does he get the R32 million assets back? Can he sue for unfair treatment and get his R28 million legal fees back. Can he sue for wrongful treatment and get a R100 million in damages? Anything's possible in the new South Africa. Alan Paton, you ain't saw nothin'. |