Shaik loses key ruling
2005-02-17 11:39
Durban - A much talked about encrypted fax recording a R500 000 bribe to
deputy president Jacob Zuma was judged admissible as evidence by
Durban High Court judge Hilary Squires on Thursday.
The fax is the key document in count three of the State's case
against fraud and corruption accused Schabir Shaik.
Other documents also judged admissible are two affidavits by
Malaysian-based British businessman David Wilson, and an entry in
the diary of Thomson CSF boss Alain Thetard.
The entry notes a
meeting between Thetard - head of South African operations of
French arms company Thomson CSF - and Shaik and Zuma in March 2000.
Wilson was formerly a director with the Renong group of
companies, and was initially interested in the Durban Point
waterfront development project.
His affidavit apparently contained evidence that Shaik used his
connections with Zuma to try to become Renong's preferred black
empowerment partner in the project. He was not successful in this
attempt.
These affidavits relate to count two of general corruption
charge against Shaik.
Squires ruled that some police reports and exhibits which were
confiscated during search and seizure operations in Paris were
inadmissible, while documents from Thales International Limited, in
Mauritius, were also inadmissible as evidence.
Admissibility of seven documents
The judgment comes just over a week after legal teams started
arguing the admissibility of seven documents.
Apart from the two charges of corruption, Shaik also faces one
charge of fraud relating to the irregular write-off of money in his
company accounts.
After the court proceedings on Thursday, Shaik told reporters:
"I have to answer a lot more questions about information and
[about] a fax I have no knowledge of."
Shaik said he might have to give evidence himself, as part of
the defence strategy.
Prosecutor Billy Downer SC said: "We've been on track all the
way through, and things are still going according to plan."
He said the prosecution looked forward to hearing from the
defence.
Downer said the three most important documents admitted were the
encrypted fax, Wilson's two affidavits, and Thetard's diary entry.
The State has closed its case. The defence will begin putting
its case on Monday.
- SAPA