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Shaik case 'won't affect Zuma'
06/09/2006 12:27 - (SA)
Pietermaritzburg - Schabir Shaik's appeal against his conviction on charges of fraud and corruption will have little impact on the indictment served on Jacob Zuma, the former deputy president's defence argued on Wednesday.
Kemp J Kemp, for Zuma, said in the Pietermaritzburg High Court that the appeal of Shaik, Zuma's former financial adviser, and the outcome of legal challenges to search and seizure raids carried out last year would only affect a new indictment.
Kemp is arguing against the State's application for a postponement of the matter.
Advocate Wim Trengove said on Tuesday that the State would be ready with a new indictment by October 15.
Kemp said: "The State does not want to continue with the old indictment."
He said the defence would be ready to deal with the current indictment "in a short period" and that decisions taken in Shaik's appeal as well as legal challenges would be of "little consequence" to the current indictment.
Kemp questioned whether an indictment served on October would be final.
He told the court that there would be no certainty when documents from Mauritius would be secured by the State, referring to documents seized from Thint's office there.
Judge Herbert Msimang asked: "Surely the trial can proceed even without the document, even if it is submitted during the trial?"
Kemp said the State should proceed with the current indictment and that if the various legal challenges went in favour of the State, the State could then later charge Zuma separately.
Zuma and Thint are asking that the court dismiss the trial because the case has been prejudiced by unreasonable delays caused by the State.
The State is seeking a postponement.
Zuma is accused of having accepted a R500 000 a year bribe from Thint in exchange for protection from a probe into South Africa's controversial multi-billion rand arms deal.
This came out of Shaik's conviction and 15-year sentence last year for fraud and corruption.
Shaik's appeal is expected to be heard at the end of September.
- SAPA
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