Zuma and Thales continue on their losing streak
French company Thales and co-accused, former president Jacob Zuma, have lost their bid to have the arms-deal related corruption trial against them stopped.
However, followers of this long saga should not hold their breath.
Both indicated on Tuesday they would consider appealing the ruling made by Pietermaritzburg high court judge Nkosinathi Chili, and new trial dates, possibly only in the second half of 2026, will be determined in December this year when the parties appear in court again.
Earlier this year Chili heard an application by Thales that it would not get a fair trial because key witnesses, including former company executives Pierre Moynot and Alain Thetard, had died.
It was submitted that because of this Thales would not be able to adduce and challenge evidence.
Zuma piggybacked on the application, saying if the prosecution was halted against Thales then he should also be acquitted for similar reasons.
However, on Tuesday Chili dismissed the applications.
In essence, he said if there was any trial prejudice, that should be dealt with and assessed by the trial court.
He said the court could 'only shut the door' on the prosecution's legal right to prosecute if an accused could show exceptional circumstances and the court was satisfied the accused would suffer irreparable and insurmountable trial prejudice.
Thales had failed to do so and had, instead, relied on 'hypothetical prejudice'.
He also noted Thales had changed tack, in particular to the issue of Thetard. In its (failed) 2018 application for a permanent stay, it had said Thetard was not prepared to assist in the matter in any forum in any way.
Now it claimed it was prejudiced because he had died.
'It would have been expected Thales would have put up evidence to indicate at a certain point of time he (Thetard) had changed his mind (about giving evidence). Without such evidence, one is inclined to conclude it conveniently moved the goalposts to bolster its case,' Chili said.
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