/ 25 April 2005

Final argument starts in Shaik trial

The prosecution began final argument in Schabir Shaik’s fraud and corruption trial on Monday, describing the case that started in the Durban High Court in October as an epic.

”Unfortunately, it has proven to be anything but heroic,” said prosecutor Billy Downer.

He then quoted Roman lawyer Cicero, saying: ”O tempora, o mores [Oh the times, oh the morals].”

Downer, who was armed with a massive lever-arch file, also used a projector to show the court pictures of the timeline in which Shaik allegedly committed his crimes.

Referring to the ”generally corrupt” relationship between Deputy President Jacob Zuma and Shaik, his financial adviser, Downer said the Constitution imposes a duty on Zuma to maintain a high standard of propriety because of his position, which he failed to do.

He said the state has succeeded in proving that Shaik used Zuma’s assistance to gain private business advantage.

Downer referred to Shaik’s cross-examination, in which he acknowledged that he had paid to remain in politics.

Downer said the court has to decide if the payments to Zuma were bribes or ”innocent financial assistance” to a friend and comrade, with no strings attached.

However, Downer pointed out that the state believes Zuma assisted Shaik because ”he was aware that his financial fortunes were inclined with Nkobi’s”.

Nkobi Holdings was Shaik’s group of companies.

Count two against Shaik is a fraud charge in which the state alleges that he irregularly wrote off money from the books of his companies to disguise payments of R1,2-million to Zuma.

Shaik said some of the payments he made were donations to the African National Congress.

The second charge of corruption against Shaik relates to an alleged bribe he solicited for Zuma from French arms company Thompson CSF in exchange for protection during investigations into alleged irregularities in South Africa’s multibillion-rand arms purchase. — Sapa