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State takes on Shaik... again
24/05/2007 08:02 - (SA)
Johannesburg - The State is expected to argue in the Constitutional Court on Thursday why Schabir Shaik should not get leave to appeal against his conviction for corruption and fraud, his 15-year prison term and the seizure of his assets.
Shaik was convicted in June 2005 on two counts of corruption and one of fraud. His appeal to the Supreme Court of Appeal in November 2006 was unsuccessful.
The State will tell the Constitutional Court on Thursday why Schabir Shaik should not be granted leave to appeal against his conviction on two counts of corruption and one of fraud, his 15-year prison term and the seizure of his assets.
In its heads of argument, the State argues that Shaik should have spoken up when the case first went to court, or at least when it was before the Supreme Court of Appeal, if he was unhappy about the way the trial was being conducted.
It submits that none of Shaik's contentions are constitutional matters of substance, or issues connected with decisions on constitutional matters.
In oral argument on Wednesday, Shaik's counsel told the court his client had been mistried.
Counsel argued that it had been unfair to try Shaik separately from African National Congress deputy president Jacob Zuma. The corruption related to Shaik's connection with Zuma.
It further held that there were irregularities in the prosecution, which had confused its role with that of the investigators.
Shaik is serving his sentence in the Westville Prison, where he was taken on Tuesday, after lengthy stays in prison and private hospitals for hypertension and other high blood pressure-related illness.
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