Jacob Zuma’s hopes to escape the arms deal criminal trial were on Tuesday thwarted at the Pietermaritzburg High Court, which ruled that the argument by his co-accused, arms manufacturer Thales, was not convincing.
The former president, who is now the leader of the Umkhonto weSizwe Party (MKP), had piggybacked on the French arms manufacturer to escape prosecution.
Thales’s legal team had, on April 24, advanced an argument that continuing with the trial would be constitutionally unfair since their client’s former directors, Pierre Moynto and Alain Thetard, who were its prime witnesses, had died.
In looking for its permanent stay of prosecution, Thales also argued that even documented evidence was no longer available due to the delay of the trial.
Dismissing the application, which Zuma’s lawyers, led by Advocate Dali Mpofu, supported, Judge Nkosinathi Chili said Thales had not told the court that Moynto and Thetard would have come to testify had they been still alive.
“The question of whether they would prejudice, which might result in Thales not receiving a constitutionally fair trial, is a matter for the trial court at least for assessment, as and when it arises, if it does arise.
“Whether the right to a fair trial is infringed, the matter would be best decided by the court,” said Chili.
He said it was the State, not the accused, who should prove his or her innocence, and all that would be expected of Thales would be to advance a version that would be reasonably true.
He said the State had advanced a strong argument regarding the availability of Moynto and Thetard to testify on behalf of Thales.
“In the permanent stay application in November 2018, Thales alleged that Mr Thetard was not prepared to assist in any way,” he said.
He said Thales had not returned to the court to say what was before his death changed his mind and was ready to avail himself in court.
