If+Zuma+case+folds,+Pikoli+may+be+blamed,+reporters,+City+Press

City Press, Johannesburg, 09/09/2006 19:27 - (SA)
=If Zuma case folds, Pikoli may be blamed=


 * Wonder Hlongwa, Jackie Mapiloko, Makhudu Sefara**

NATIONAL Director of Public Prosecutions Vusi Pikoli’s rushed decision to prosecute ANC deputy president Jacob Zuma may count as one of his most costly mistakes.

If the state’s case against Zuma and arms company Thint is struck off the roll, blame could squarely be placed on Pikoli’s office for choosing to charge Zuma when, it seems, there was still much work to be done.

Pietermaritzburg High Court Judge Herbert Msimang said he found it strange that the state was not ready for trial on July 31 on account of, among others, an incomplete investigation and a pending appeal which has “legal, not factual” implications for the case against Zuma. Lawyers for the state, mainly Wim Trengove SC and Billy Downer SC, battled this week to ward off criticism in court that Zuma’s case was “deliberately” being dragged on.

The duo argued that the delays were caused, mainly, by the counter-applications by Zuma and his associates who challenged the raids conducted by the Scorpions, the pending appeal case involving Schabir Shaik, disputed documents from the Mauritian offices of Thint and the fact that the probe itself was massive and complicated, and thus required more time.

The question then was why did the National Prosecuting Authority (NPA) charge Zuma and only thereafter raid his homes as part of the probe? And, what stopped the NPA from waiting for the conclusion of the Shaik case before charging Zuma?

The state had promised a forensic report which was delivered this week and an indictment which would be ready by October 15 with a suggested trial date of early 2007.

Downer said the Shaik case held serious implications to the nature of the case Zuma would eventually face. He said the raids were part of an on-going investigation.

Msimang appeared displeased by the fact that the NPA had not made preparations to have the trial begin on “provisional charges” handed to Zuma last year for the July 31 trial date.

This, he said, implied the NPA “arrogantly” believed they were entitled to a postponement or to alter the “provisional indictment” and if they do not get their way, the court must be forced to postpone anyway so they could prepare for trial on the provisional charges.

Trengove believed the state’s approach was reasonable. “It is one that initially said: I did these searches, I believe that the searches were lawful. There are now an avalanche of attacks on me.

“The state’s first reaction was: Well, in fairness to those people who contend that the searches were unlawful, I’d better wait and not proceed with my preparation because they may be vindicated.”

In May, with the delay appearing unnecessary and the settlement negotiations looking promising, the state decided that it could simply no longer wait, that it was taking its chances on the evidence that it had for the sake of expedition of the case, Trengove said.

“… and that was an entirely reasonable approach to take”.

It was, perhaps, his statement that they were taking “chances” that opened floodgates of attacks.

Kemp said: “It seems highly unlikely, M’Lord, that the matter is set down for five days at the end of September, that by 15 October there will be a judgment for him to draft his indictment,” said Kemp.

Kemp said this approach made it clear that the state lawyers were having it easy.

“It’s wonderful if you’re the state and you can get a postponement by saying to the court, well we ask for a postponement on all these reasons, none of them are valid, we realise it now, but give us a postponement (anyway).”

Msimang: “But is (it) not what is the law, sir, because if they say, “Look, we made mistakes but now we have seen the light, we’ve been to Damascus, we’re ready to proceed next time.

“Should you not grant them a postponement on that? What’s wrong with that?”

Kemp: “Because, M’Lord, what happens to the prejudice that we’ve suffered in the meantime and the fact that we’re an accused? “Must all that just be swept under the mat or under the carpet, because they’ve changed their mind?

“Our essential submission is, none of the reasons which were advanced before M’Lord for an adjournment is a good one.” Msimang: “Ja, I agree.”

ANC Youth League spokesperson Zizi Kodwa said he did not believe Pikoli was incompetent and just rushed a decision to charge when he could have waited.


 * From: http://www.news24.com/City_Press/News/0,,186-187_1996045,00.html**

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