Zuma's discharge bid denied
2006-03-29 15:16
Johannesburg - The Johannesburg High Court on Wednesday denied Jacob Zuma his application to be discharged on a rape count.
The hearing was postponed to Monday.
Judge Willem van der Merwe said he could not agree that evidence
led by the State was of such poor quality that it could not be
accepted.
"The accused is not entitled to his discharge."
The judge also said he was of the opinion that if no more
evidence was led, a finding of mens rea (guilty mind) to rape could
be made.
Zuma's defence counsel Kemp J Kemp had asked the court to rule
evidence led by two policemen inadmissible.
Van der Merwe said he
would decide at the end of the trial whether this should be the
case.
Summing up before leading to his decision to turn down the
former deputy president's application, Van der Merwe quoted a
considerable number of legal precedents presented by Kemp, then
said: "With the foregoing in mind, the question in the present
matter then remains... is there evidence on which the accused in
this matter might reasonably be convicted?
"Put differently, is there a possibility of a conviction even if
he does not enter the witness box and then incriminate himself?
"Put even more simply, will the accused be convicted at the end
of the case if he closes his case without testifying or without
leading evidence?"
Witnesses
Van der Merwe said that in deciding this question, the
credibility of witnesses played a limited role.
"Only if evidence of the witnesses was of such poor quality that
there is no possibility that it can be accepted, can it be
ignored."
Van der Merwe noted that Kemp, in an able, well-prepared and
persuasive argument, which concentrated on mens rea, asked him to
find that evidence was of such poor quality.
"In strong argument he submitted that a court cannot conclude
that the State had proved mens rea beyond a reasonable doubt.
"In the first, I cannot agree that the evidence led by the State
is of such poor quality that it cannot be accepted.
"I can therefore not ignore the evidence so far led."
Van der Merwe continued: "I am of the opinion that there is
evidence before me that if nothing more is said, a finding of mens
rea to rape can be made."
Zuma allegedly raped a close family friend at his Johannesburg
home on November 2 last year.
He has testified that he had
consensual sex with the woman.
- SAPA