The prosecution in the Schabir Shaik fraud and corruption trial has asked the state to change Shaik’s bail conditions after he launched a verbal attack on advocate Anton Steynberg before the start of proceedings in courtroom A on Friday.
”I’m not scared of you, I’ll sort you out after the trial. You’re a racist, get that into your thick skull. You will be running from me like Bulelani [Ngcuka],” Shaik shouted at Steynberg.
Prosecutor Billy Downer said Shaik’s behaviour was ”unacceptable” and called on judge Hillary Squires to alter his bail conditions to prohibit him from screaming or insulting members of the prosecution.
Defence advocate Francois van Zyl described the incident as ”unfortunate,” saying his client was upset because investigators had attempted to contact the staff of Shaik’ s company, Nkobi Holdings, directly.
Squires said it was not the time to deal with the issue and told Downer that if the state wanted to take the matter further it should lodge a formal application.
However, it is believed that Shaik has already apologised to Steynberg and Van Zyl will formally put the apology on the record next week.
Last year, a policeman based at the court laid a charge of crimen injuria against Shaik after an alleged racist verbal attack outside the building.
Friday’s incident was followed by the testimony of Pierre Moynot, the first representative of French Arms manufacturer Thomson CSF to take the stand in the Shaik trial.
Moynot said there was never any doubt about Shaik’s black economic empowerment (BEE) credentials.
”Anyone who is not a white male is black,” Moynot told the Durban High Court.
Throughout the trial the defence has maintained that Deputy President Jacob Zuma was roped in to help sort out issues concerning Thomson CSF’s misunderstanding that Shaik’s Nkobi Holdings was a suitable BEE company.
During an official visit to London in 1998 Zuma even made time to meet with another Thomson boss, J P Perrier, to tell them that Shaik and his company did qualify.
In his evidence in chief, Shaik told the court that Thomson believed that black referred to African and not other races.
Moynot, who was previously on the state’s list of witnesses, appeared on behalf of Shaik on Friday.
He said someone visited their offices in London when they had already chosen Shaik’s Nkobi Holdings as their BEE partner.
This person — who he has not named — said that Thomson had made ”a big mistake” and that former president Nelson Mandela and his deputy, Thabo Mbeki, disliked Shaik. Moynot said they later discovered this was not the case.
On Friday he also said it was common practice by arms companies around the world to participate in behind the scene wheeling-and-dealing or ”the informal process” as the state refers to it, so that they could make contact with people in high places.
Downer asked Moynot if they disclosed details of the informal process in their documents.
”It’s a common thing, everyone does that, there is no need to [put it in documents].
”There is nothing to hide” said Moynot.
He said decisions on arms were always made at the highest political level, like Cabinet. Downer asked Moynot if Shaik had ever spoken about his ”connectivity”.
”Yes, but he was not the only one” replied Moynot.
He said at one stage during the rumours about Nkobi’s unsuitability his company had considered changing its BEE partner.
Moynot was also questioned about the encrypted fax drawn up by his colleague Alain Thetard, which allegedly records a bribe of R500 000 for Zuma.
The state says this bribe was in exchange for protection during investigations into arms deal irregularities.
On Friday, Moynot said he had no knowledge of the fax at that time.
He confirmed that Thetard was still employed by Thomson and said that there had been an investigation after the emergence of the fax because ”we are very sensitive to stuff like this”.
He also said that ”Thetard always denied he sent such a fax.”
One issue he did clear up was the identity of the ”tailleur” which appeared in some of the state’s documents.
Moynot said it was Yusuf Surtee, Mandela’s tailor, who was said to be an influential person by Shaik.
Moynot’s cross-examination continues on Monday. – Sapa