Judge asked to drop Zuma case
2006-03-27 22:42
Johannesburg - An application by Jacob Zuma's lawyers in his rape trial could force the judge to reveal whether there was enough evidence to convict the former deputy president.
Zuma's legal team launched an application in Johannesburg High Court on Monday for their client's discharge in terms of Section 174 of the Criminal Procedure Act.
The section says that if, at the close of the prosecution's case, the court is of the opinion there is no evidence that the accused committed the offence, the accused may be discharged.
Zuma's lawyer, Kemp J Kemp, said an accused should not be placed in the witness box if the State with everything at its disposal could not prove guilt beyond a reasonable doubt.
He said the test was whether the court would acquit or convict at the stage of the State resting its case.
"The court must know whether it is going to convict or not on the State's evidence," said Kemp.
An accused could incriminate himself
He based his submission on a 2001 Supreme Court of Appeal judgment, Lubaxa v the State, in which the judge said that if the accused's lawyer had rested his case at the same time as the State, he would have been acquitted.
An accused could help the State by incriminating himself.
Zuma is accused of raping the 31-year-old HIV-positive daughter of a fellow-comrade last year.
The court earlier turned down an eleventh-hour application by three non-governmental organisations to appear as Friends of the Court.
The Centre for the Study of Violence and Reconciliation, the Centre for Applied Legal Studies and the Tshwaranang Legal Advocacy Centre had wanted to present further evidence on the impact of rape and repeated abuse.
Application opposed
Judge Willem van der Merwe ruled: "I cannot see how the applicants can assist me in any way on matters I am to decide on a factual basis."
He said that trauma expert Merle Friedman already had covered that sufficiently.
Both the State, Zuma's legal team and the complainant opposed the application.
Prosecutor Charin de Beer said the application could be seen as "gross interference by an outside party" and the evidence would not add anything new.
Kemp said that granting the application would lead to at least a three-week delay in proceedings to allow preparation.
He also cautioned that further cross-examination may be necessary and this could include the complainant herself.
A change in strategy
Judge Van der Merwe said Kemp had rightly pointed out that there would be a considerable delay in the trial if the application was granted.
He also said it might mean that the defence would have to change its strategy, agreeing the complainant, maybe, would have to be called to the witness box again.
The judge also said he had no doubt the State would advance argument to strengthen its case at the end of the trial.
Meanwhile, outside the court a row brewed about posters being carried by some picketers in the One in Nine campaign.
The campaign is highlighting the difficulties faced by people who have been raped.
They were ordered to remove posters reading: "Jacob Zuma Sexual Predator?"
They complied by tearing the word "Zuma" from their posters and wrote the word "censored" in its place.
The group huddled around a candle and lit a small pile of herbs as they sang Senzeni na (what have we done?)".
They also displayed placards reading "Reporting Rape = Being Raped Again in Court".
A smaller protest took place opposite them with placards saying "Innocent Until Found Otherwise" and "Stop Abusing Our Rights", but that group would not identify themselves.
Crucifix
Across the way, Zuma's supporters gathered as usual in Kruis Street, this time bearing a crucifix with Zuma's picture on it.
They spent the day singing and chanting with a group of women wearing traditional Zulu attire, also burning herbs and calling on the ancestors to see Zuma freed.
At lunch time they caught a glimpse of Zuma as his motorcade sped past them.
Zuma, who was seated at the back of the black Mercedes-Benz with tinted windows, waved as the convoy passed with sirens blaring.
- SAPA