Johannesburg - The State is still considering whether or not to prosecute Thales, the controversial French armaments firm.

Court documents that were part of the Scorpions' application for a warrant to search premises connected to Jacob Zuma indicate that national director of public prosecutions Vusi Pikoli is still deciding whether to prosecute Thales.

This means that Zuma may not be alone in the dock. Thales' South African subsidiary, Thint, was originally a co-accused in the case against Schabir Shaik.

But Thint's name was removed from the charge sheet after this company and the National Prosecuting Authority (NPA) agreed that Alain Thétard, former chief of Thint, would acknowledge in an affidavit that he was the author of the infamous French bribery fax. In exchange, the charges against Thint were withdrawn.

Conviction

This fax was instrumental in Shaik's conviction and will also be the main exhibit in the Zuma case to prove that Zuma consented to receiving a bribe in exchange for protecting Thint against a probe of the arms deal.

Investigating officer Johan du Plooy's affidavit asserts that the state was always convinced that Thint could be successfully prosecuted.

The investigation against Zuma and Thint continued, even during the Shaik trial.

Du Plooy quotes Judge Hilary Squires's damning judgment extensively in his affidavit.

The Scorpions also searched the Waterkloof house of Pierre Moynot, current chief of Thint.

Moynot testified for the defence in the Shaik case, saying that decisions about arms purchases in South Africa, "as in the rest of the world", were taken by politicians.

That was why international arms companies' political contacts had to be as good as possible, he testified.

With acknowledgements to Adriaan Basson and the Beeld.