Jacob Zuma’s advocate was rebuked by the Pietermaritzburg High Court on Thursday for submitting an unexpected and lengthy written argument in the state’s tussle to obtain documents from Mauritius.
Most of the day was spent with prosecutors Billy Downer and Anton Steynberg arguing against the defence’s objections to the state’s request for Judge Phillip Levensohn to sign a letter asking the Mauritian authorities to release documents relating to Zuma’s corruption trial.
The documents include the 2000 diary of Alain Thetard — the former chief executive of Thales International’s South African subsidiary, Thint.
However, when Zuma’s counsel, Kemp J Kemp, submitted a new 69-page heads of argument, Levensohn exploded.
”What is the point of that? It is discourteous. I am not impressed.”
Kemp attempted to argue that precedents had been set in KwaZulu-Natal that judges first get a short heads of argument and then a long version.
”You inconvenience me. I have heard judges complain about this.”
The outburst had been preceded by very technical arguments about the International Cooperation in Criminal Matters Act.
Earlier, Downer had accused Thint and Zuma’s legal teams of using ”argument, supposition and rumour” to oppose the state’s bid to obtain the documents from Mauritius.
Downer told the court that despite the defence’s assertions that it had ”unclean hands”, the National Prosecuting Authority (NPA) had followed the correct diplomatic channels in its bid to secure 13 sets of documents.
The documents pertain to meetings between Zuma, convicted businessman Schabir Shaik and the former chief executive of the French arms manufacturer, Thales International.
The first day of proceedings was attended by both Jacob Zuma, whose arrival caused a media frenzy, and the current Thint chief executive, Pierre Moynot.
Shortly before Zuma arrived, Moynot was seen playing the number-puzzle game Sudoku as he waited for proceedings to begin. A small contingent of Zuma fans kept vigil outside the court buildings.
Levensohn repeatedly questioned Downer about the NPA’s proceedings in dealing through diplomatic channels to secure the documents.
”I have difficulty in seeing that this whole process is unlawful,” he commented.
The legal teams for both Thint and Zuma had argued that search-and-seizure raids carried out in Mauritius were unlawful.
They claimed in their papers that a Mauritius Supreme Court order of 2001 did not authorise copies of the seized documents to be given to the South African authorities, and that it was improper for a South African court to adjudicate on the release of these documents.
However, Downer argued on Thursday that since the documents were not the property of Thint, but belonged to Thales International, the Thint companies had ”limited interests” in the documents, now held by Mauritian authorities.
”The Mauritians are sitting with their hands tied,” said Downer.
He said a request had to be made to the Attorney General of Mauritius for the documents to be released.
Downer pointed out that when Thales International initially sought an injunction to prevent the documents being brought to South Africa, the chief motivation had been to prevent ”irrelevant” documents from leaving Mauritius.
Much of the argument on Thursday morning centred on two sections of the International Cooperation in Criminal Matters Act.
In their papers Thint and Zuma claimed that the two sections do not apply because the state had never withdrawn its case.
Downer argued that because the corruption case against Zuma and Thint had been thrown out of court by Judge Herbert Msimang last September, all actions relevant to that trial had ended.
Downer said that if Zuma and Thint objected to the state having copies of the documents — some of which were accepted as evidence in the 2005 corruption trial of Schabir Shaik — ”then the state should have the originals.”
”All we have from the defence is argument, supposition and rumour.”
He said the state was not seeking new search-and-seizure raids, but only the original documents. Downer pointed out that the legality of the actual raids had never been contested, and the injunction obtained by Thales International sought to ensure that sensitive company information did not become public.
When asked what the 13 sets of documents were, Downer said they included Thetard’s diary as well as the received copy of the ”encrypted fax” that became central to the conviction of Shaik. — Sapa