The belief that the rape charge against Jacob Zuma is part of a political conspiracy cannot be dismissed, his lawyer Kemp J Kemp told the Johannesburg High Court on Friday.
”It is not something that one can just dismiss out of hand,” said Kemp, summarising why he thinks Zuma is not guilty.
Zuma believes that the rape charge and his forthcoming corruption trial in Durban are part of a conspiracy to prevent him from succeeding President Thabo Mbeki when his second terms ends in 2009.
In summing up points that he believes points to his client’s innocence, Kemp said: ”A political plot to discredit the accused is also, with respect, not without [basis].”
He continued: ”However much I would like to say, my Lord, that she was a set-up, I can’t do that because there is nothing in the facts to say that.”
However, Kemp questioned the way Zuma’s accuser behaved after the alleged rape at Zuma’s Johannesburg home on November 2 last year.
”We have the facts that before the charge gets laid, she speaks to mister [Ronnie] Kasrils [Minister of Intelligence]. It’s a seven-minute conversation.”
Her explanation of this call — to seek advice on her personal security — was not completely satisfactory.
She told the doctor examining her after the alleged rape to hold off on doing anything with the evidence.
”She tells the medical doctor, ‘Get the evidence, but don’t do anything about it now, when I am ready, then I will go ahead and I will press charges.’ She is calm and controlled.”
She spent the night with her friend Kimi who works in Kasrils’s office.
”I am not saying there is political intrigue … but even more reason to be cautious in this case.”
Kemp then turned to the shower Zuma took after what he said was consensual sex with the HIV-positive woman, to reduce the chance of his contracting the virus.
Kemp said Zuma did not cuddle the woman but took a long, hot shower to wash away all traces of her. ”I can see that that causes a simmering resentment.”
Earlier, Kemp suggested that the accuser’s previous experiences may explain the charge.
”She may have made the accusation as a result of some sort of sexual pathology — because this is what the complainant does in certain circumstances.”
During her testimony, the woman denied making any false rape allegations.
Kemp said the woman had lied to the media when the story first became public.
She told the court that on the instruction of her minder in the witness-protection programme, she phoned a reporter and denied the incident and gave permission for her name to be used.
”I have never come across a rape case where the victim phones [a newspaper] and says, ‘Look, I want you to publish.”’
Kemp continued: ”’I want you to believe me in this case, but in order to believe me in this case you must believe that I lied on that occasion.”’
He also asked Van der Merwe to believe the defence’s witnesses, saying they were ”good witnesses”.
The trial continues on Tuesday. — Sapa