Publication: The Star Issued: Date: 2005-08-22 Reporter: Tania Broughton Reporter: Reporter:

Lawyer Prepares to Challenge Scorpions' Raid

 

Publication 

The Star

Date

2005-08-22

Reporter

Tania Broughton

Web link

 

The raids by the Scorpions on the Durban offices of Jacob Zuma's lawyer Michael Hulley and his legal adviser Julie Mahomed will most likely be challenged in court.

And should it be determined that last week's raids were unlawful, it could give Zuma the opportunity to argue that his right to a fair trial has been jeopardised.

Hulley said on Sunday that a team of lawyers were still going through the 200-page document which the Scorpions presented to Pretoria High Court Judge Bernard Ngoepe in order to obtain permission for search and seizure.

"We are looking at the application, making sure that it is proper," Hulley said.

With regard to the early morning raid on his own office, he said he had spoken to prosecutor Billy Downer, requesting - as was provided for by law - that the documentation seized be lodged with the registrar of the high court, pending a determination on privilege and confidentiality.

"We asked that the documents be lodged until Wednesday but he (Downer) refused.

"It was terribly unhelpful... There could be no prejudice to them but enormous prejudice to us... We just wanted time to establish if they were properly entitled to the documents or whether we were going to challenge the seizure.

"Because they have had sight of the documents, this could impact on Zuma's right to a fair trial."

He said such an application could be made before the start of Zuma's trial although the issue was "not a well-worn legal path" and needed further consideration.

Hulley said even if the seizure was found to be lawful, court action was likely to ensure there was no repeat performance.

"We don't want this to be the hallmark of investigation... I want to able to guarantee clients that they can speak to me in confidence.

"We certainly don't want this to happen in the run-up to the trial or even halfway through the trial."

The raids, particularly on the offices of Hulley and Mahomed, have been widely condemned by the legal fraternity as having dangerous and far-reaching implications for client confidentiality.

This Friday is D-Day for Durban businessman Schabir Shaik to lodge papers petitioning the president of the Supreme Court of Appeal for leave to appeal against his corruption conviction relating to a "generally corrupt relationship" the Durban High Court found he had had with Zuma.

Shaik has been sentenced to an effective 15 years in jail. Judge Hilary Squires gave Shaik leave to appeal against one corruption and one fraud conviction but refused him leave to appeal on the main corruption charge.

Should this petition be unsuccessful, Shaik will have no option but to begin serving his prison sentence.

With acknowledgements to Tania Broughton and The Star.