Another cliffhanger for Shaik
2005-06-01 17:45
Durban - There was overwhelming evidence for the case of "general corruption" against Durban businessman Schabir Shaik, Judge Hilary Squires said in the city's high court on Wednesday.
"The case is convincing and really overwhelming," Squires said, after summing up the evidence relating to the first count of corruption in which the state claimed that Shaik paid deputy president Jacob Zuma at least R1.2m in exchange for his "political connectivity".
On the fraud charge Squires said: "We regard Shaik's version as a lie."
On what was expected to be the final day of judgment Squires adjourned the proceedings for a second time, saying he would complete his verdict on Thursday.
Squires' secretary Margaret Parker said: "His voice is possibly strained and he appears to be tired."
When Squires called it a day on Wednesday afternoon he was on page 122 of a 165 page judgment.
Flu
At the end of the first day of judgment on Tuesday Shaik was visibly distraught.
By Wednesday morning he appeared listless, continuously shaking his head while listening to the judge.
By the end of the day he was seen wiping what appeared to be tears from his eyes. A member of his entourage said: "It's just the effects of flu."
Immediately after the adjournment his legal team and family members were seen huddled around Shaik outside courtroom.
As he left the building there was a scramble as journalists and onlookers rushed to get a closer glimpse through his tight security web.
On the "generally corrupt" relationship between Shaik and Zuma, Squires said it was clear that Shaik would not have made the payments if he did not expect anything in return.
"Generosity on this sustained scale becomes egocentric," said Squires.
'Mutually beneficial'
According to the judge Shaik continued making payments to the detriment of his cash-strapped Nkobi group of companies.
Squires said the payments, even if they were loans as claimed by Shaik, constituted a benefit under the definition of corruption.
He pointed to a "mutually beneficial symbiosis" between the two and said there was clear evidence that Zuma, on several occasions, had intervened on Shaik's behalf in business deals.
On the fraud charge, he said there was no doubt that Shaik had attended a meeting with his auditor and financial manager where it was agreed that false journal entries be made.
In his testimony the auditor, Ahmed Paruk, told the court Shaik was at the meeting. However, Shaik disagreed.
"We have no doubt that he attended the meeting and was party to all the decisions made," said Squires.
If the decision to alter Nkobi's financial statements had only been taken by the auditors one would have expected Shaik to protest.
"All he did was to seek legal advice as to whether the journal entries could be reversed."
Credibility
Squires questioned Shaik's credibility saying he had no scruples and failed to take responsibility for his actions.
Referring to Shaik's admission that he faked his qualifications and business achievements, the judge said: "The disturbing aspect is the conspicuous lack of any embarrassment or remorse when the falsity... was admitted."
Shaik's performance as a witness was "on the whole not impressive".
When Squires resumes judgment at 10:30 on Thursday he will deal with the second corruption charge against Shaik which relates to alleged attempts to solicit a bribe for Zuma from French arms company Thomson CSF.
This in return for Zuma's protection during investigations into South Africa's multi-billion rand arms acquisition process.
According to Shaik he only tried to get funding for the Jacob Zuma RDP Education Trust Fund.
- SAPA