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Zuma case: Judgment reserved
07/09/2006 11:46 - (SA)
Pietermaritzburg - Pietermaritzburg High Court Judge Herbert Msimang reserved judgment until September 20 in the State's application for a postponement of the corruption trial of Jacob Zuma and his co-accused Thint.
During the trial on Tuesday, the State argued it was allowed to use documents seized from Jacob Zuma and his attorney in raids by the Scorpions last year.
State prosecutor Billy Downer said the State's appeals against court orders forcing it to return documents seized from Zuma and Michael Hulley, meant that "operation and execution shall be suspended".
He said that common law dictated that the state was allowed to use the documentation until the outcome of the appeals against the raids was known.
On Wednesday the defence for Thint had argued that the State was in contempt of court because a 500-page KPMG forensic report contained documents taken in the search-and-seizure raids.
Downer said the state was "entitled" to use the evidence.
He said that there was "a reasonable expectation" of success that the appeals against the raids would be in favour of the state.
"We don't have to wait for these issues to be resolved," he said. Downer said the defence was being unfair.
"They (the defence) first said we went to trial too late and now they are saying we went to trial too early."
On August 8 last year Judge Bernard Ngoepe issued 22 search warrants for premises connected to Zuma and some of his legal counsel.
Some of the raids were done on August 18, with those tasked with the raids being seen carrying away piles of documents and computer equipment.
On September 14 one of Zuma's lawyers, Julie Mahomed, successfully challenged the raids on her office and home, but the National Prosecuting Authority is appealing this.
On October 10 Zuma and Hulley applied to have search warrants relating to them set aside and for the return of everything taken. In February this was granted, and the state intends to appeal this decision.
Thint MD Pierre Moynot and his wife this year unsuccessfully made a similar application to have search warrants set aside.
- SAPA
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