Bongani Hans|Printed
Former president Jacob Zuma made it clear on Thursday that he’s now pinning his hopes on French arms producers to flee prosecution on decades-old arms deal fraud and corruption costs.
The attorneys of the Umkhonto Wesizwe Occasion (MKP) chief supported Thales’ software to have the case faraway from the court docket roll on the premise that a number of key witnesses have since died with the beginning of the trial.
Based on the Nationwide Prosecuting Authority (NPA), Zuma and Thales confronted greater than 700 costs, together with racketeering and cash laundering.
Zuma is going through allegations that he accepted over R4 million for 10 years from Thales by his former monetary advisor, Schabir Shaik, who was on the time one of many administrators of the corporate.
Earlier than Decide Nkosinathi Chili heard Thales’s software for the everlasting keep of prosecution, he delivered a judgment the place he rejected Zuma’s software for depart to enchantment his (Chili’s) refusal to have Advocate Billy Downer faraway from prosecuting the matter.
It was a hive of exercise inside and outdoors the court docket because the ANC supporters additionally attended the continued inquest on the mysterious loss of life of ANC president-general Inkosi Albert Luthuli.
Addressing the court docket, Zuma’s lawyer, Advocate Dali Mpofu, stated that with out key witnesses to testify for or towards Thales, the case towards Thales and Zuma ought to be thrown out.
“So my lord, on these grounds, the aid sought by Thales ought to be granted due to the character of the absence of the witnesses involved,” stated Mpofu.
Thales’s authorized consultant, Advocate Barry Roux, argued that with out Pierre Moynto and Alain Thetard, senior Thales officers who’ve since died, the continuation of the trial could be unfair and prejudiced to his shopper.
NPA’s Andrew Breitenbach had argued that Thales wouldn’t be prejudiced if the case continued with out the Thales officers as a result of Shaik was nonetheless alive and of sound thoughts to testify throughout the trial. He stated Shaik had no concern about incriminating himself as a result of he had already been punished for a similar case.
Nevertheless, one other Zuma consultant, Naba Buthelezi, stated the earlier trial proved Shaik to be an unreliable witness.
He stated the arms deal matter was going through a state of affairs whereby the state ought to be declining to prosecute it due to the dearth of proof because of the lifeless witnesses.
He additionally denied the NPA’s claims that Zuma was going through 783 costs.
“We solely have 18 counts,” stated Buthelezi.
He stated that for the case to be trial-ready, the encrypted fax model, which Thetard wrote in French earlier than being translated into English, ought to be challenged by cross-examination.
“We have to ask Mr Thetard ‘did or did not you write the fax, and should you did, what did you imply’, however Mr Thetard will not be right here and may now not be right here.
“If we proceed with the trial, we are able to now not problem these allegations,” stated Buthelezi.
He stated the trial might be unconstitutional.
Roux stated the absence of Moynot and Thetard rendered the trial “critically insurmountable as their proof is irreparable.
Breitenbach stated that in addition to Shaik, a number of witnesses may nonetheless be positioned and known as to testify, and might be cross-examined by each defendants and the state.
He stated the opposite two witnesses had been in a foreign country, however they might be made accessible by worldwide cooperation to present testimony.
“There are copies of proof, there are transcripts of proof, there’s a wealth of paperwork, which had been handed over to them (Thales) in 2006 and 2000.
“They (Thales officers) had been represented by a number of attorneys, one among them is a South African legal professional who, on the time, made vital inquiries as to what truly occurred,” he stated.
He stated there was additionally a French-based legal professional who labored with Thales in coping with the costs and spoke to a number of individuals, together with the deceased, in 2002.
“It might be most stunning that she and different attorneys concerned didn’t seek the advice of correctly with related Thales workers, take notes of what they stated and obtained and saved the paperwork,” stated Breitenbach.
The matter was postponed to June 3 for the judgement.
bongani.hans@inl.co.za
