Former president Jacob Zuma’s arms deal corruption trial has been deferred again pending the outcome of his second bid to have state prosecutor advocate Billy Downer removed from the case.
On Monday, the former statesman made a brief appearance in the Pietermaritzburg High Court to face charges of fraud and corruption related to the arms deal worth billions of rands in the late 1990s.
During the proceedings, Zuma’s defence advocate Dali Mpofu told the court that they have filed a fresh application to remove Downer from the case.
Zuma lodged a complaint of prosecutorial misconduct in October 2021 and accused Downer of allegedly leaking his medical records to the media.
He said at the time that the officials from the National Prosecuting Authority had violated his rights since the start of his case in 2005, and requested to be acquitted should the court find he was treated unfairly.
He also contended that the state attorney was neither independent nor impartial.
Presiding judge Nkosinathi Chili ordered that the new application be heard from August 15 to 16. Chili replaced judge Piet Koen who recused himself in January after Zuma instituted private prosecution against Downer and acclaimed legal journalist Karyn Maughan.
At the time of recusing himself, Koen stated that he holds strong views contradicting Zuma’s arguments on the unlawful disclosure of his medical condition, which form the basis of his criminal charge and private prosecution.
“Regardless of the outcome of the private prosecution, the objective facts however are that I have expressed strong views contrary to the arguments that are advanced by Mr Zuma in respect of the alleged unlawful disclosure of his medical condition and these lie at the foundation of his criminal charge and private prosecution, and the issue is whether as a result of the private prosecution, Mr Downer should now be removed,” he said.
Meanwhile, Downer and Maughan have lodged applications seeking a review and dismissal of the charges against them.
These applications were presented to the Pietermaritzburg High Court in March, and a verdict is yet to be issued.
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