No amendment to indictment in Zuma case: defence argue

PIETERMARITZBURG – Defence attorneys in the corruption trial of former Deputy President Jacob Zuma and a French arms company argued yesterday that new evidence prosecutors want to use to amend their indictment was seized unlawfully.

Prosecutors say they need more time to amend the indictment, but the defence is resisting a delay. Defence attorney Kemp J.Kemp said the prosecution has engineered delays in the case that infringe on the rights of the accused and should be ordered to go to trial now with the current indictment and to bring new charges later if the challenged evidence is ruled admissible.”They are not coming to this court with clean hands.They cannot get an adjournment to change the indictment based on material they got unlawfully,” argued Kemp.The trial has deepened rifts within the country’s ruling alliance, fuelling a succession crisis in an African economic and diplomatic powerhouse.President Thabo Mbeki fired Zuma when it became clear he would have to stand trial on the corruption charges.Zuma, a widely popular populist, recently has stepped up his campaign to succeed Mbeki when his term expires in 2009.Zuma and Thint Holdings have pleaded innocent to charges that Zuma accepted at least 1.2 million rand in bribes.The prosecution alleges Zuma was aware of efforts by his financial adviser Schabir Shaik to secure him yearly payments of 500 000 rands from Thint to deflect corruption investigations.The investigations centred on a 52,7 billion rand deal to buy ships, submarines, helicopters, jets and other arms in 1999.Shaik, a close friend of Zuma, was convicted on corruption charges last year and sentenced to 15 years in prison.Prosecutors, who have suggested postponing the trial until next year, told the judge Tuesday that the new indictment would be ready by Oct.15.However, they said an appeal of Shaik’s conviction scheduled to be heard Sept.25 will rule on several points of law that could have a major impact on Zuma’s trial.The state also argued that it had not had time to prepare its case because of delaying tactics by the defence that it said included challenges to police searches, including one of the offices of Zuma defence attorneys.The former deputy president has alleged the corruption charges were trumped up by factions he declines to identify within the governing African National Congress to destroy him politically.Nampa-APDefence attorney Kemp J.Kemp said the prosecution has engineered delays in the case that infringe on the rights of the accused and should be ordered to go to trial now with the current indictment and to bring new charges later if the challenged evidence is ruled admissible.”They are not coming to this court with clean hands.They cannot get an adjournment to change the indictment based on material they got unlawfully,” argued Kemp.The trial has deepened rifts within the country’s ruling alliance, fuelling a succession crisis in an African economic and diplomatic powerhouse.President Thabo Mbeki fired Zuma when it became clear he would have to stand trial on the corruption charges.Zuma, a widely popular populist, recently has stepped up his campaign to succeed Mbeki when his term expires in 2009.Zuma and Thint Holdings have pleaded innocent to charges that Zuma accepted at least 1.2 million rand in bribes.The prosecution alleges Zuma was aware of efforts by his financial adviser Schabir Shaik to secure him yearly payments of 500 000 rands from Thint to deflect corruption investigations.The investigations centred on a 52,7 billion rand deal to buy ships, submarines, helicopters, jets and other arms in 1999.Shaik, a close friend of Zuma, was convicted on corruption charges last year and sentenced to 15 years in prison.Prosecutors, who have suggested postponing the trial until next year, told the judge Tuesday that the new indictment would be ready by Oct.15.However, they said an appeal of Shaik’s conviction scheduled to be heard Sept.25 will rule on several points of law that could have a major impact on Zuma’s trial.The state also argued that it had not had time to prepare its case because of delaying tactics by the defence that it said included challenges to police searches, including one of the offices of Zuma defence attorneys.The former deputy president has alleged the corruption charges were trumped up by factions he declines to identify within the governing African National Congress to destroy him politically.Nampa-AP