NPA applies for Mauritian documents

Citizen News Online

Thursday, December 07, 2006

DURBAN - The NPA is to ask the Durban High Court to request that Mauritian authorities hand over documentation which may show that a meeting took place between Jacob Zuma, Schabir Shaik and the former chief executive of French arms manufacturer Thint.

Zuma's legal team and Thint's legal team on Wednesday said they had also received copies of the notice "to make an application to a judge in chambers on 12 December at 9.30am".

The National Prosecuting Authority is asking the Durban High Court to issue a letter of request to the Attorney General of Mauritius in terms of the International Co-operation in Criminal Matters Act.

The documents held in Mauritius include the 2000 diary of Alain Thetard, the former chief executive officer of Thint, the local subsidiary of French arms manufacturing giant Thales International.

In supporting documentation it is revealed that "the entry (in Thetard's diary) for March 11, 2000, is a particularly important piece of evidence for the State in the present prosecution. It appears from this entry that Thetard met with "J Zuma + SS" in Durban on that day".

Businessman Schabir Shaik was convicted of fraud and two counts of corruption by Judge Hilary Squires in July 2005. Earlier this year the Supreme Court of Appeal upheld the Squires judgment.

On the second count of corruption Shaik was found guilty of attempting to solicit a R500 000 a year bribe for Zuma from Thetard.

The attorney for Thint, Ajay Sooklal, said the NPA's application for the Mauritian documents would be opposed.

In an affidavit filed, investigating officer Isak du Plooy said: "There is a reasonable prospect that charges could in future be re-instituted against one or more of the erstwhile accused and/or others, more particularly since the Supreme Court of Appeal has in the interim comprehensively confirmed the findings of the trial court (in the Shaik appeal)."

In March the NPA had attempted to obtain a similar letter of request, but Judge Pete Combrinck ruled that any letter of request would have to be granted by a trial judge.

In September this year Judge Herbert Msimang struck the case against Zuma and Thint from the roll after the State had sought a postponement pending the outcome of the Shaik appeal and a challenge to the search and seizure raids carried out on Zuma, his attorneys and Thint.

The outstanding Mauritian documents were also presented to the court as a reason for the postponement of the case.

Meanwhile, the ANC Youth League has again accused the NPA of a "sustained media trial of the ANC Deputy President."

In a statement issued by spokesman Zizi Kodwa, the league said: "(NPA head) Vusi Pikoli cannot end the year without making a dramatic Christmas statement to please his handlers about prospects of a winnable case.

"We have always held a view that the NPA in its pursuit of justice against the ANC Deputy President, is driven by ulterior motives." - Sapa.