PLEASED AS PUNCH: Billy Downer, left, and Anton Steynberg leave the Constitutional Court after 10 judges unanimously ruled against convicted fraudster Schabir Shaik’s application for leave to appeal against his criminal convictions and 15-year jail term Picture: HALDEN KROG

End of the road for Zuma’s former financial adviser’s legal battle.

The only thing that can get Schabir Shaik out of jail now is a presidential pardon.

Yesterday, the Constitutional Court ruled against Shaik’s application for leave to appeal against his fraud and corruption convictions.

The unanimous ruling by the 10 judges signalled the end of the road for the legal battle Jacob Zuma’s former financial adviser has fought against his conviction and 15-year jail term.

Shaik also cannot claim past discrimination as an excuse for a crime committed after 1994 , the court ruled.

In 2005 the businessman was found guilty of corruption and fraud charges in the Durban High Court, relating to payments he made to Zuma, then KwaZulu-Natal MEC of economic affairs and tourism, to buy his political influence.

Soon after Shaik’s conviction President Thabo Mbeki sacked Zuma, who was deputy president.

Last year, Shaik also lodged a failed legal challenge to his conviction at the appeal court.

In May this year, Shaik’s legal team took the battle to the Constitutional Court, arguing that his trial was unfair because the state had decided not to charge and try Zuma and French arms company Thint at the same time.

They also argued that state prosecutor Advocate Billy Downer was guilty of prosecutorial misconduct. They based their argument on new evidence Shaik wanted admitted to the court. But Chief Justice Dikgang Moseneke said yesterday that the court had unanimously dismissed the application for the admission of new evidence. The court also found that Shaik’s submissions, about having an unfair trial, bore “no prospects of success”.

The Constitutional Court ruled that “none of Mr Downer’s actions fell foul of his role as prosecutor”.

The one ray of light for Shaik is that the court granted his application for leave to appeal the confiscation of his property as “proceeds of unlawful activities”.

A delighted Downer said : “We’re very pleased. But as much as we would like to, this does not mean we can sit back and rest on our laurels — there still is work to be done.”

On the implications for a possible case against Zuma, Anton Steynberg, Downer’s fellow prosecutor, said: “It reaffirms that we are on the right track.”

The Shaik camp were open about their disappointment. Schabir’s brother, Mo Shaik, said : “We’re saddened by the court’s decision, but we accept the integrity of the court. We accept the decision, although it is shocking for us. We now have to deal with the consequence of the applications of reaching the end of the road in seeking relief for Schabir.”

In an hour-long meeting yesterday afternoon with Schabir Shaik, Mo Shaik “took him through the reasoning of the court”.

Mo Shaik said: “There is some finality and closure for him now ... He carried the court’s decision with brave dignity.”

added that the family found the court’s findings on the asset forfeiture aspects "an element success" and giving them hope. He added that the family were aware of the possibility of a presidential petition.

With acknowledgement to Borrie La Grange  and The Times.