Publication: The Star Issued: Date: 2006-11-07 Reporter: Estelle Ellis Reporter: Reporter:

The Women Who Helped Sink Schabir

 

Publication 

The Star
Date

2006-11-07

Reporter

 Estelle Ellis

Web Link

www.capetimes.co.za

 

State's lead counsel hopes they will become an example of how important it is to root out graft

The lead counsel in the Schabir Shaik case has paid tribute to three women witnesses in a big thank you for another verdict that went the state's way in the drawn-out saga.

Detached and determined to complete his work, the verdict was, however, treated like just another case by a busy Billy Downer.

Speaking in between the arrival of members of his team at his office and answering the incessantly ringing phone, he didn't use the words "elated" or "happy". Instead, he spoke of vindication and gratitude towards the witnesses who made it possible.

"It is clear that they are very, very brave people. They were vindicated for their bravery. They never wanted to be famous.

"We are lawyers. This case is the type of thing we get paid to do. They did not get paid for what they did. I hope they will become an example to others of how important it is to give evidence to root out corruption."

The women he referred to were three of the state's crucial witnesses in the case. They were:

• Bianca Singh - Shaik's former secretary, who testified in the company of bodyguards. The young woman spoke softly and confidently as she set out what she knew.

Her evidence was of particular importance as she outlined what she knew about the close relationship between Jacob Zuma and Shaik - in terms of friendship and money. She also handed investigators Shaik's diary, which helped them to put together the pieces of the puzzle.

•Cecilia Bester - Nkobi's former bookkeeper caused sparks in her evidence. She said money paid as cash bribes to a number of government ministers had been written off in Nkobi's books.

•Sue Delique - ex-secretary to the author of the encrypted fax, former Thint boss Alain Thetard, and the woman who gave investigators the controversial document. She had two bodyguards.

She found the handwritten fax setting out an alleged bribe agreement between Shaik, Zuma and Thetard. She also found the disk on which she saved the typed version, giving it to the Scorpions.

Within minutes of the verdict, the state's team - comprising investigators, advocates and auditors - were on their way from Durban and Joburg to strategise and celebrate.

"I am having a very busy day," said Downer, whose team were awarded the Prosecutor of the Year award for their work on the Shaik case.

Downer said the past few months, since their case against Zuma was scrapped from the roll, had been difficult for his team.

"We were disappointed, but the decision did not put us off our stride."

He said they had not been approached by Shaik's legal team with any further plans to avoid his having to go to prison tomorrow. He added that Shaik's team might approach the Constitutional Court, but the state's team had not been informed of any definite plans.

Legally speaking, Shaik now has to bring a bail application to buy more time or go to prison within 48 hours. "But we will look at whatever they come up with. We are bound not to agree with it," Downer said.

He said it was important that someone like Shaik went to prison for what he had done.

"It was one of the most serious crimes a person can commit. Corruption is bad for society. The case we brought against him was completely damning. It was corruption at a high level for a sustained period of time.

"One just has to look at Judge Hilary Squires' reasons for the 15-year sentence, and at the lengthy evidence by Hennie van Vuuren that we led, to know that it is bad for society - economically, culturally and socially."

He said yesterday's judgment was only one of the things they wanted finalised before taking a decision on Zuma's fate again.

Downer added that of particular significance was that the court found that the encrypted fax can be used as admissible evidence in a criminal trial, even though the author of the document, Thetard, did not appear before the court - either as a witness or an accused.

Earlier this year, Downer spoke at the International Association of Prosecutors on how difficult it was for them to decide on prosecuting Shaik and Zuma.

He said their first hurdle had been that the corruption uncovered was different to what they were looking for, and his team had to be ready to realign the focus of the investigation in accordance with the evidence.

Downer also said they had to continue with the investigation despite the political sensitivities.

In his speech he also asked whether the maxim "Do not aim at the king unless you are sure of your shot" really could be applicable in the light of the principle of equality of all before the law.

Prosecutors had a duty to prosecute prima facie cases where there was a reasonable prospect of success, he said - not necessarily only "watertight" cases.

"The court must be the final arbiter in difficult or controversial matters," he said.

With acknowledgements to Estelle Ellis and The Star.