Shaik: A worst-case scenario
2005-02-17 16:32
Durban - Fraud and corruption accused Schabir Shaik described a court ruling that a much-discussed encrypted fax was admissible evidence in his trial as a "worst-case scenario" on Thursday.
Shaik said he now had to "answer a lot more questions about information and (about) a fax I have no knowledge of" after Judge Hilary Squires' ruling in Durban High Court.
Shaik's lawyers will start the defence case on Monday, after prosecutor Billy Downer SC closed the State's case.
About 40 witnesses have been called in four months of exhaustive evidence.
The encrypted fax is central to count three of corruption against Shaik.
It allegedly records a bribe agreement of R500 000 a year for deputy president Jacob Zuma.
Shaik and Zuma were friends during the anti-apartheid struggle, and Shaik is now Zuma's financial adviser.
The encrypted fax began as a handwritten note by Alain Thetard, former head of South African operations of French arms company Thomson CSF.
'An agreement to pay Zuma'
In his written judgment, Squires concluded the fax was "on the face of it" an agreement to pay Zuma in exchange for a counterperformance.
The State alleges that "counterperformance" was protection during investigations into alleged irregularities in South Africa's multibillion-rand arms deal.
Squires said: "That no sign of the received messages was found in Paris or Mauritius seems to me to be hardly surprising.
"Anyone at a head office being advised of achievement of this sort of thing if it was, in truth, the arrangement to pay a bribe, would normally... leave no sign of it lying about."
However, he said Telkom billing records reflected such transmissions.
Two other documents the State said was crucial in its case - affidavits by Malaysia-based businessman David Wilson and an extract from Thetard's diary showing meetings in March 2000 between himself, Zuma and Shaik - were also admissible.
The defence has admitted that such a meeting happened in Durban.
However, they insist the meeting was to arrange funds for the Jacob Zuma Education Trust.
Defence counsel François van Zyl had opposed admitting Wilson's affidavits because they contained opinions and "character assessments" as well as facts.
Searching for BEE partner
However Squires ruled that just because a document contained some statements that were not facts did not mean the whole document had to be excluded.
Wilson was a former director of Renong, a company initially involved in the Durban Point Waterfront development project.
His evidence relates to his company's search for a black economic empowerment partner and how Shaik tried to get that contract by using his connections with Zuma.
This evidence relates to count two of "general corruption" against him.
In his affidavit Wilson said it became "increasing clear" Shaik had some hold on Zuma.
- SAPA