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Zuma fights Mauritian evidence
12/02/2007 21:19 - (SA)
Durban - African National Congress deputy president Jacob Zuma filed papers on Monday in Durban High Court, opposing the National Prosecuting Authority's request to have documents released from Mauritius for use as evidence in his trial.
The documents pertain to an alleged meeting between Zuma, businessman Schabir Shaik and Alain Thetard of French arms company Thint.
In the affidavit, Zuma contended the court could not issue a letter of request to the Mauritian attorney-general in terms of the International Co-operation in Criminal Matters (ICCM) Act.
In March last year, the NPA had attempted to get a similar letter of request, but Judge Pete Combrinck ruled that any letter of request would have to be granted by a trial judge.
In September last year, Judge Herbert Msimang struck the case against Zuma and Thint from the roll.
The State had sought a postponement pending the outcome of Shaik's appeal against his fraud and corruption conviction, and a challenge to the search-and-seizure raids carried out on Zuma, his attorneys and Thint.
Did not withdraw the charges
The outstanding Mauritian documents also were presented to the court as a reason for the postponement of the case.
In his affidavit, Zuma said: "As far as I am aware, the State has never withdrawn its application, which was adjourned by Combrinck J to a date to be arranged between the parties by the court seized of the trial."
"The State placed on record that it did not withdraw the charges."
Zuma argued that because the State had refused to withdraw the charges, it meant there was, in effect, still a criminal case against him and that Combrinck's order still stood.
Referring to the ICCM Act, Zuma said he felt the act only facilitated a request prior to the institution of criminal proceedings.
"The application is an attempt to secure the original document, copies of which have long been in the possession of the prosecution, in the hope that the original documents will render their contents admissible against me in evidence at trial."
Zuma went on to say that the State "does not come to court with clean hands".
The documents, held in Mauritius, include the 2000 diary of former Thint chief executive Alain Thetard.
Shaik was convicted of fraud and two counts of corruption by Judge Hilary Squires in July 2005.
'Abuse' of court processes
Earlier this year, the Supreme Court of Appeal upheld the Squires' judgment and Shaik was sent to prison.
On the second count of corruption Shaik was found guilty of trying to solicit a R500 000 a year bribe from Thetard for Zuma.
On Friday, Thint's chief executive, Pierre Moynot, Thetard's successor, said in papers filed with the court that any attempt to obtain documentation from Mauritius would have to be determined by a criminal court and that the State's attempts to use Durban High Court to obtain the documentation amounted to an "abuse" of the court's "processes".
- SAPA
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