Zuma: Statements don't gel
2006-03-23 12:44
Johannesburg - A transcript of a radio interview with Jacob Zuma's attorney about the rape charge against his client appears to contradict earlier evidence presented to the Johannesburg High Court.
Prosecutor Charin de Beer read from a transcript of an interview Michael Hulley had with CapeTalk presenter Mike Wills on November 14, relating to the alleged November 2 rape.
In it Wills asks Hulley: What has (sic) the police told you? Have they told you there is no complaint? There is no investigation or are they telling you that they cannot tell you?
Hulley replies: "Safe to say that we made enquiries at the branch level as well as at provincial level and all of those has been success of rather unsuccessful to the extent that they can give us details as to the charges they (sic) may be been brought.
Wills asks: "So when you say unsuccessful, are they saying there is no investigation or are they saying they cannot tell you?"
To which Hulley replies: "There is no information that is forthcoming, so therefore you know, I do not want to say that there is no investigation, I think they would be better placed to make such an actual comment."
The court earlier heard that on November 10 two senior policemen travelled to Zuma's home in Nkandla, KwaZulu-Natal. Hulley and Zuma emerged and Hulley gave the policemen a prepared statement which read in part: "I protest my innocence and vehemently deny the charge."
This took place four days before the radio interview.
Wills later asks: "So there is no incident, the woman has been named in at least one newspaper, does he know this woman? Is he aware of any possible situation here that has given rise to this?"
Hulley replies, "No, there is none, safe to say that both her and her family are long standing friends of Zuma."
When asked where the story came from Hulley said it was difficult to say, mentioned the theory of a conspiracy and said in the absence of a factual basis "I think one should stay clear from saying so."
During Thursday's brief proceedings, Zuma's advocate Kemp J Kemp told Judge Willem van der Merwe that he intended applying for Zuma's discharge on the rape count.
This would be in terms of Section 174 of the Criminal Procedure Act. Such an application is usually brought when the defence believes the State's case is so weak that it is not necessary for it to present evidence to counter the State's claims.
He would also ask that some evidence presented by the two policemen in court be declared inadmissible.
Last week Commissioner Norman Taioe and Superintendent Peter Linda testified that Zuma had pointed out a guest bedroom in his Johannesburg home when asked to show them the "alleged scene of the crime".
The 31-year-old woman alleges Zuma raped her in the guest bedroom, while Zuma says they had consensual sex in his bedroom.
Taioe said he also asked Zuma what happened in his bedroom and Zuma replied "nothing".
Kemp earlier said both Zuma and 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.
The trial resumes on Monday March 27.
- SAPA