Shaik ruling puts Zuma back in focus

JOHANNESBURG: After six years and three court battles, Scorpions advocate Billy Downer and his team have proved their fraud and corruption case against Jacob Zuma's former financial adviser Schabir Shaik beyond doubt.

Now that the Constitutional Court has dismissed Shaik's application for leave to appeal against his convictions and 15-year prison term for two counts of corruption and one of fraud, Downer and his fellow Scorpions are focusing their attention on the ANC deputy president.

The ruling, which has removed a potential stumbling block in the investigation of Zuma, has been hailed by Downer as "showing us we are on the right track".

He also felt "gratified and vindicated" by the Constitutional Court as Shaik and Zuma had each accused him of misconduct.

"(Such claims) are obviously unpleasant … but, if your conscience is clear, you just get on with your work," he said.

He later added: "If you're caught red-handed, your criminal acts are found out and you can't dispute the merits of the case against you, then perhaps you use all kinds of funny tactics to get out of trouble."

Speaking after a meeting with Scorpions boss Leonard McCarthy, Downer said he and fellow prosecutors Anton Steynberg and George Baloyi were focusing on finalising their investigation into Zuma.

Zuma's attorney, Michael Hulley, seemed unperturbed, saying the court's finding had little or no bearing on any pending case against Zuma.

"The fact of the matter is that Mr Zuma was not the person on trial," he said.

In its unanimous judgement, the court said Shaik's trial had not been unfair and that an appeal against the convictions and sentences would not have a reasonable prospect of success.

It found, however, there might be a constitutional issue relating to the seizure of assets belonging to him and his company and granted leave to appeal on this point.

Shaik's appeal to bring fresh evidence was dismissed.

Hulley dismissed suggestions that the Constitutional Court's refusal to consider Shaik's claims of an "unfair trial" might prevent Zuma from making similar claims.

"Ours is a simple response: this was a ruling on whether Mr Shaik had a reasonable prospect of success in appealing against his convictions and sentences.

"This judgment is essentially about a technical matter and I can't see how it could increase or decrease the state's level of confidence about its prospects of success in prosecuting Mr Zuma."

Downer and Hulley have declined to comment on whether the Scorpions investigation into Zuma is among those that are to be reviewed by the acting National Director of Public Prosecutions, Mokotedi Mpshe.

Late yesterday afternoon, government spokesperson Themba Maseko said prosecuting and government authorities wished to clarify that "not all (NPA) cases will be reviewed and decisions about prosecutions in outstanding matters will be taken in due course in accordance with the law".

Meanwhile, the Scorpions will have to wait just over a month to hear the outcome of their final round of court battles with Zuma, which relates to their controversial raids in August 2005 of his homes and offices and his attorneys' properties.

The Supreme Court of Appeal in Bloemfontein is also expected to rule on Zuma's attempt to prevent the Scorpions from gaining access to the originals of 14 Mauritian documents. The rulings are expected a few weeks before the ANC votes for its president.

Zuma has claimed that the state's recently renewed efforts to investigate him - which include a letter of request for information from UK banks and attorneys - have been "engineered" to portray him as an accused criminal in the months before the "crucial" ANC vote.

But these allegations have been roundly rejected by the state, which has asked the Pretoria High Court and Supreme Court of Appeal that Zuma be punished, with hefty legal costs orders, for the "scandalous" allegations.

The Pretoria High Court declined to make such an order and, although he has yet to rule on the application, Justice Ian Farlam of the Supreme Court of Appeal has commented that the request is "a bit harsh".

Shaik took the news of his failed Constitutional Court appeal bid "with brave dignity" and later laughed and joked with his family. His brother Mo said he and Shaik's family had visited Shaik at the Durban-Westville Prison to break the news to him and discuss "our possible options".

"His 15-year sentence is shockingly harsh and we are looking at what options we have in that regard," he said.

With acknowledgements to Karyn Maughan and Cape Times.