Court to Rule on Downer’s Removal from the Arms Deal Case

(The Post News)– High Court Judge Nkosinathi Chili is expected to deliver judgment on former president Jacob Zuma’s application for leave to appeal a ruling on state prosecutor, Advocate Billy Downer, which accuses him of being bias.

The Pietermaritzburg High Court had already rejected Zuma’s request to have Downer removed from the case. Zuma is charged with corruption, money laundering, racketeering fraud related to 1999 arms deal with the Thales, the French company. The state representative, Advocate Andrew Breitenbach rejected Advocate Barry Roux’s claims that the Thales can not defend themselves in the absence of Pierre Moynot or Alain Thetard.

Roux had told the court that that the two directors of the company between 1996 and 2002 have both passed away since 2021,therefore he requests the court to make a finding that “their fair trial have suffered an a irreparable harm, leaving up to the the state to withdraw charges”.

Breitenbach highlighted that there are several company officials and lawyers who may have evidence that could assist the Thales in their court battle. Breitenbach further argued that the court can make a ruling should it become clear that Thales rights to a fair trial has been undermined by the death of Moynot and Thetard, citing that the decision can be taken after all the relevant evidence has been presented.

Breitenbach also rejected Zuma’s argument that the case against him was “built on the doctrine of common purpose”. Zuma also claimed the state does not have compelling evidence since Moynot and Thetard are dead. Meanwhile, according to Breitenbach, Zuma’s claims are clearly false.

However, Advocate Dali Mpofu argued that the delays in Zuma and Thales’ trial “cannot be ameliorated, ” as four witnesses have died. Mpofu also noted that as a result, Zuma’s right to question the witnesses has been compromised. According to Mpofu, Zuma being a “natural person” means that he will suffer a greater prejudice if the trial is unfair, and he could face imprisonment.