The second day of the appeal hearing of Durban businessman Schabir Shaik started in his absence in Bloemfontein on Tuesday.
State advocate Anton Steinberg started with argument on count two, a fraud charge.
On Monday, Jeremy Gauntlet SC led argument for Shaik on two corruption charges while advocate Francois van Zyl argued on the fraud charge.
State advocate Billy Downer also finished his argument on counts one and three — corruption charges — on Monday.
The appeal against an asset-forfeiture order in favour of the state is to be heard.
On Monday, the relationship between former deputy president Jacob Zuma and Shaik came under scrutiny.
Shaik was sentenced in June 2005 to 15 years’ imprisonment on two corruption counts, with an additional three years for fraud. The sentences were to run concurrently.
Judge Hilary Squires had concluded that there was a ”generally corrupt” relationship between the two men.
On September 20, the Pietermaritzburg High Court struck Zuma’s corruption case from the roll because the state was not able to proceed with the case.
An ”encrypted fax”, written by Alain Thetard, a director of French arms company Thomson CSF, also came under scrutiny in the court on Monday, Business Day reports.
Gauntlett said his client did not get a chance to cross-examine Thetard, who refused to testify in South Africa. Gauntlett also questioned the admissibility of the fax as evidence in Shaik’s trial, said the paper.
In the fax, Thetard said he had met Zuma and Shaik in Durban on March 11 2000.
The fax said Thetard had asked Shaik to ”to at least obtain from JZ a clear confirmation, or failing which, an encoded declaration [the code had been defined by me] in order to validate the request by SS at the end of September 1999” Business Day said.
Gauntlett said Shaik did not ”cold-bloodedly” set out to enter a corrupt relationship with Zuma.
”There is a world of difference when people stake out and stalk people in [public] office with a cold-blooded intent,” said Gauntlett.
Shaik and Zuma had a strong, long-existing relationship where support had existed prior to any alleged corrupt activities, he argued.
In the state’s submission, prosecutor Downer voiced scepticism at Shaik’s relationship with Zuma, submitting that it was ”suspect” and ”calculated to gain benefit”.
Shaik stepped in and negotiated with Zuma’s creditors to honour his debt when he wanted to resign from politics in 1996 because of financial difficulties.
”Every action by Mr Zuma afterwards is attributable to payments by Shaik,” Downer told the court.
This was ”classic” corruption whereby people were put on retainers, he contended.
Shaik at home
Shaik on Tuesday urged Zuma and President Thabo Mbeki to resolve their differences.
Speaking from his Durban home Shaik said: ”It’s tragic that two politicians can’t resolve their differences. I wish that Mbeki and Zuma could resolve their differences so that some of us little men can live normal lives.
”I wish Mbeki could see the damage he’s caused in my life, some of which is irreparable.”
Shaik has not been present in Bloemfontein, but had chosen to stay at home to ”spend some quality time with my five-month-old little boy”.
He said ”it is a stressful time with all you guys [the media] after me”.
He said that he was not ”compelled” to be in Bloemfontein.
Referring to the Judge Herbert Misimang’s decision last week to dismiss Zuma’s corruption case, he said he did not ”believe from a legal perspective” that it would have much effect on his own appeal. — Sapa