Shaik trial 'was Zuma's chance'
2006-08-28 21:13
Pietermaritzburg - Jacob Zuma would have been "exonerated" if he had been charged alongside his financial adviser, Schabir Shaik, his defence team claimed in its heads of argument filed in Pietermaritzburg High Court on Monday.
If they had been able to do so, they would have cross-examined Shaik to prove he "simply conned the French concerns out of some R500 000 in a simple fraud to enrich himself".
The fact that Shaik could not be cross-examined during his corruption trial had prejudiced Zuma's right to a fair trial.
"The possibility of a fraud by Shaik (and perhaps by Thetard as well) is so obvious, and the circumstances point so clearly to this being the true explanation, that it would present a golden opportunity to demonstrate Zuma's innocence by targeting Shaik in cross-examination."
Claimed that trial rights were infringed
Alain Thetard was the former executive of Thint (then known as Thomson-CSF), the South African subsidiary of the French arms manufacturing giant Thales.
In the heads of argument, also signed by advocate Kemp J Kemp, Zuma's defence team said the only remedy for Zuma was a permanent stay of prosecution because of the delay in bringing the charges against him.
It was also claimed that Zuma's pre-trial and trial rights had been infringed. They claimed the delay in prosecuting Zuma was a deliberate act by the State.
The former deputy president is scheduled to appear in court again on September 5.
- SAPA