Zuma prosecutor bid dropped

2008-09-05 20:52

Durban - A Pietermaritzburg magistrate, formerly a member of the Scorpions, has withdrawn his bid to block state prosecutor Billy Downer from taking part in the case against ANC president Jacob Zuma.

Magistrate Ashin Singh, who had applied on Thursday to be admitted as an amicus curiae (friend of the court) in the Zuma case, withdrew his application on Friday.

In his papers that he lodged with the court on Thursday, he claims: "Unless one of the members of the team of prosecuting counsel is removed from that team, the accused will not be afforded a fair trial. The member of the team of the prosecuting counsel that I refer to is Mr WJ (Billy) Downer SC."

Singh said in his papers that he wishes to "lead evidence in limine in the matter of the question of whether the Court should not order that Adv WJ Downer SC is interdicted from taking any further part in the criminal trial of State v Zuma and Two Others."

He withdrew the application as the State filed its notice to oppose it.

The legal battle between Singh and the Scorpions dates back to 1999 when Singh was seconded to the Investigating Directorate for Organised Crime and Public Safety in KwaZulu-Natal. The directorate, headed by Chris MacAdam, later formed part of the Scorpions.

Singh was subsequently expelled, arrested, charged and prosecuted on 12 counts of defeating or obstructing the course of justice, unauthorised disclosure of information, making a false statement under oath and contravening sections of the Protection of Information Act and the Interception and Monitoring Prohibition Act.

He won a permanent stay of prosecution when the trial magistrate ruled in 2003 that evidence against him had been obtained illegally.

Singh then launched a private prosecution against former national director of public prosecutions Bulelani Ngcuka, KZN Scorpions head Clifford Marion and other senior officials of the National Prosecuting Authority, including Billy Downer - who prosecuted Schabir Shaik.

On August 4, 2006, Acting Judge Nigel Hollis dismissed Singh's application, saying in a reserved judgment that Singh had failed to satisfy the necessary legal requirements for launching such a prosecution.

In a case that is currently before the Pietermaritzburg High Court, Singh is claiming R2.87m from the minister of justice and constitutional development.

His claim is made up of R2.5m for insult and R370 000 costs to defend himself from prosecution in relation to his being arrested and charged.

- SAPA