Thales will seek stay

The legal team for Thales South Africa, indicted alongside former president Jacob Zuma for fraud and corruption related to the multimillion-rand arms deal, will seek a permanent stay of prosecution.

The French arms company also believed attempts by National Director of Public Prosecutions Shaun Abrahams to add further charges was confusing as it claimed a charge Abrahams wanted to include did not exist.

Anton Katz appeared in the KwaZulu-Natal High Court in Pietermaritzburg yesterday for Thales. Zuma also appeared. Zuma is accused number one. He is facing one count of racketeering, two of corruption, one of money laundering and 12 counts of fraud for allegedly receiving bribes from Thales via his former financial advisor, Schabir Shaik.

Thales is accused number two and is facing one count of racketeering, two of corruption and one of money laundering. Thales representative Christine Guerrier was not in court as she was excused last month.

“Our representations are that our client cannot receive a fair trial,” Katz told Judge Mjabuliseni Madondo. He cited confusion over the indictment against Thales. “My client is being charged on a charge that may or may not exist.”

Katz was referring to a letter Abrahams sent on July 25 to Werksmans Attorneys, representing Thales. In it, Abrahams dismissed Thales’ written representations to have the prosecution halted. He wrote: “I have requested the prosecuting team to provide me with their views on the prospects of proffering charges against your client in terms of section 5(b) of the Prevention and Combatting of Corrupt Activities Act.”

Acting for the state, Billy Downer, admitted no such section existed. He said the letter was referring to section 5.1 (b) or 5.2 (b).

Katz also said he wanted the indictment finalised as he had read reports that an affidavit had been filed on Thales’ involvement. He asked the judge to “put the state on terms” and for Downer to finalise the indictment and provide any outstanding affidavits.

“Once we have that, we will launch an application for a permanent stay.”

The state was ordered to present Katz with a final indictment within 14 days and to clarify the additional charge in dispute.