3 days ago
Judge dismisses bid for acquittal in Zuma, Thales corruption trial
Former president Jacob Zuma is accused of 18 charges of corruption, racketeering, fraud and tax evasion linked to his allegedly corrupt relationship with his former financial advisor, Schabir Shaik.
The State's case was declared trial-ready four years ago, but it has been delayed by repeated failed efforts to force the removal of prosecutor Billy Downer.
On Tuesday, KwaZulu-Natal High Court Judge Nkosinathi Chili dismissed the summary acquittal applications Zuma and his French arms company co-accused, Thales, had lodged.
KwaZulu-Natal High Court Judge Nkosinathi Chili has dismissed the summary acquittal applications of former president Jacob Zuma and French arms company Thales in which they cited 'unreasonable' delays in their corruption trial.
While Chili said he did not want to apportion blame, the State argued that the delays had largely been caused by Zuma and, to a lesser degree, Thales.
In an argument that Zuma threw his weight behind, Thales submitted that the delays had seen former Thales director Pierre Moynot and company boss Alain Thetard – described as pivotal defence witnesses – die. Their deaths, Thales argued, meant it was incapable of receiving a fair trial.
On Tuesday, Chili said 'on the facts presented to this court', he was 'not persuaded that it was sufficiently established that Thales will suffer irredeemable, irreparable, or insurmountable prejudice if the State were to allow to continue with the prosecution in the face of the deaths of Messrs Thetard and Moynot'.
He added that the trial court 'has a duty to consider all the evidence before it, including the non-availability of defence witnesses before returning a verdict'.
'I'm not persuaded either that Mr Zuma's right to a fair trial will be prejudiced by the non-availability of Mr Thetard and Mr Moynot,' Chili said before dismissing the summary acquittal applications.
The case has been postponed to 4 December, when the State will apply for the trial to proceed regardless of any appeals launched by the former president and the arms company.
