Kemp wants Zuma's discharge

2006-03-26 10:14

Johannesburg - Arguments that the rape charge against Jacob Zuma be withdrawn will be heard in the Johannesburg High Court on Monday.

Zuma's lawyer Kemp J Kemp will bring an application in terms of Section 174 of the Criminal Procedure Act to have his client discharged.

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 and the court may return a verdict of not guilty.

After prosecutor Charin de Beer closed the state's case on Thursday, Kemp told judge Willem van der Merwe he would bring the application.

He also said he would ask the court that some evidence presented by two policemen, which is pivotal to the state's case, be declared inadmissible.

Commissioner Norman Taioe and Superintendent Peter Linda have testified that Zuma had pointed out a guest bedroom in his Johannesburg home when asked to show them the "alleged scene of the crime".

They also testified when Zuma was asked what happened in his bedroom, he replied "nothing".

A 31-year-old HIV-positive woman alleges Zuma raped her in this guest bedroom on the ground floor in November last year. Zuma, who has pleaded not guilty to the charge, instead says they had consensual sex in his bedroom on the first floor. Both said a condom was not used.

Kemp has told the court both Zuma and his attorney Michael Hulley, who was present when the policemen questioned his client, would deny that Zuma had pointed out the guest bedroom and that he had said nothing happened in his bedroom.

He has accused the policemen of not following basic police procedure and they in turn have said Hulley was with Zuma throughout the questioning and should have warned him of his rights.

- SAPA