The corruption trial of former president Jacob Zuma and French arms company Thales will proceed after Pietermaritzburg High Court Judge Nkosinathi Chili dismissed a spirited application by the two parties to have the case squashed.
Chili said he was “not persuaded” by arguments advanced by the parties to have the case dismissed, ruling that it must proceed as previously planned.
“I am not persuaded either that Mr Zuma’s rights to a fair trial will be prejudiced by the non-availability of Mr [Alain] Thetard and Mr [Pierre] Moynot,” ruled Chili on Tuesday morning.
“I therefore make the following order: the application by both Mr Zuma and Thales is dismissed.”
In the main, Thales, which made the initial application that was later joined by Zuma, argued that the deaths of two witnesses, Thetard and Moynot (former Thales directors), had prejudiced the company and wanted the case to be thrown out.
The corruption trial stems from allegations that Zuma, who now leads the uMkhonto WeSizwe Party, used his former position as national chairperson of the ANC in the 90s to solicit bribes through Schabir Shaik, a controversial Durban businessman from former Nkobi Holdings who has already served a sentence for almost similar offences.
Right to a fair trial
The state alleges that at some point, Thales continued to pay bribes to Zuma via Shaik with the hopes that since he was a senior government official, he would block any future investigations against the company.
Delivering the judgment, Chili mentioned other court rulings that showed that cases of public interest cannot be dismissed before trial.
He also commented that the case is civil, and therefore, Thales must go to court and present a convincing argument that could undermine the state’s version and win the case instead of seeking a discharge before the trial begins.
“Put another way, to say the trial has been irreparably prejudiced is to accept that there is no way in which the fairness of the trial could be sustained expeditiously,” Chili noted.
He said the evidence’s value would only be known once the case was heard in court and the witnesses presented their evidence.
“Whether trial prejudice might prevent Thales from receiving a constitutionally fair trial is a matter for the trial court, which will assess it as and when it arises.
“Whether the right to a fair trial is infringed is a matter best decided by the court,” Chili said, dismissing the application.
