Computer expert confirms the encrypted Thomson-CSF fax came from Alain Thetard

A computer specialist on Friday gave weight to evidence in the Schabir Shaik fraud trial that the notorious fax detailing the alleged bribe agreement between Deputy President Jacob Zuma and French arms company Thomson-CSF is genuine.

With the aid of detailed reports and diagrams on an overhead projector, Bennie Labuschagne presented evidence to the Durban High Court supporting secretary Susan Delique's claim that she typed and faxed the letter to Thomson-CSF's head office in Paris, under the instructions of her boss, Alain Thetard.

Delique told the court that Thetard, who was the director of Thomson-CSF in South Africa, gave her the letter to send as a encrypted fax.

Thetard has admitted that he wrote the letter, but claims he did not instruct Delique to send it to Paris, saying it was merely notes of his personal thoughts that was thrown in the dustbin.

Shaik's legal team has indicated that they will argue the admissibility of the letter at the end of the state's case.

During cross-examination of Delique at the start of the trial, the defence suggested that Delique, who at the time was in a dispute with Thetard, could have typed the fax on her personal computer at home as the disk containing it was found at her home.

However, Labuschagne testified that his expert investigations into the creation of the fax excludes the possibility that Delique typed it on her personal computer. A forensic look into her computer's history suggests that the disk was opened on her computer but not created there.

He said the fax was created at Thomson-CSF's office at Delique's workstation and then saved on a disk before being printed.

Labuschagne said it is possible Delique's version is true as there was a short time between the printing of the fax and the sending of faxes to Paris. However, the print-out of the machine's activity for the day does not conclusively show that the bribe agreement was faxed to Paris.

Charges against Thomson-CSF were withdrawn as a result of an agreement with the National Prosecuting Authority in which Thetard admitted that he was the author of the letter *1.

The trial centres around a bribe that the state alleges Shaik solicited for Zuma from Thomson-CSF for protection against investigations into the arms deal.

The state also claims Shaik paid Zuma for his influence in securing business projects for his Nkobi Holdings.

The defence argues that Shaik did not bribe Zuma but loaned him money.

Earlier in the trial, the defence presented to court a loan agreement document outlining a two million rand revolving loan agreement between Shaik and Zuma, which was allegedly signed on May 16, 1999. The agreement was to run for five years.

According to defence advocate Francois van Zyl, the loan agreement was originally filed "in the confidential section of declarations parliamentarians have to make".

The agreement was faxed to Shaik from Zuma's office about two months before the start of the trial.

Labuschagne testified that his investigations could not show that the agreement was created on computers seized from Nkobi Holdings, Shaik's residence, Thomson-CSF offices or the home of Nkobi's financial director Colin Isaacs.

The defence has not disputed Labuschagne's evidence, but Van Zyl requested time to consult with one of his "computer colleagues" before cross-examination.

The trial continues on Monday. It will adjourn on December 10 before resuming early next year.

With acknowledgements to Nivashi Nair and The Natal Witness.

*1 The individual who made or authorised this strange agreement is either a fool or a stooge.