Africa-Press – South-Africa. Jacob Zuma’s arms deal case was adjourned on Monday after the former president objected to the further involvement of Billy Downer, the prosecutor in the matter.
Downer is facing a fresh appeal, which was submitted by Zuma’s team on Monday, for him to step down for “ethical reasons”. Zuma’s legal team argued that Downer should step aside in order to ensure the integrity of the court.
In a letter to the court, Zuma’s legal team said: “We have been instructed to register our client’s objection to any further involvement of advocate Downer in this matter.
“As you are no doubt aware, advocate Downer is accused one in the ongoing private criminal prosecution, in which our client is the prosecutor,” read the letter.
It went on to state that Downer had appeared in the same court on Monday, 10 October, and was, therefore, “ethically and professionally bound to recuse himself as he is clearly conflicted”.
Downer said he was acting on the instructions of the National Director of Public Prosecutions, Shamila Batohi.
He said the NPA cannot be forced to withdraw its prosecutors when they are attacked, particularly in cases where the attack is not merited.
Zuma’s legal team said the former president had filed an application in the Constitutional Court to urge it to direct the Supreme Court of Appeal to reconsider its decision to deny him leave to appeal against the dismissal of his special plea, which challenged Downer’s standing as a prosecutor in the arms deal case.
Zuma’s lawyer, advocate Nqabayethu Buthelezi, proposed that, as a result of the parallel proceedings, the arms deal matter should reconvene only in the second term of next year.
Buthelezi argued that Monday’s court hearing was meant to be a status quo meeting, in which Zuma’s legal team was to provide updates on the pre-trial appeals.
Downer, however, made a case for the trial to go ahead on 7 November, despite the pending decision from the Constitutional Court relating to a pre-trial application to have him recused.
He summed up the latest application as yet another Stalingrad attempt by Zuma in his many attempts to delay proceedings.
Judge Piet Koen adjourned the matter until Wednesday, when he will deliver a ruling on the progress of the case.
The 80-year-old Zuma and French arms firm Thales are facing 18 counts of corruption, including money laundering, tax evasion and racketeering, in connection with the multibillion-rand arms deal.
While legal exchanges were flying inside the courtroom, outside the court there was none of the hype and fanfare seen last week, where Zuma lodged an attempted private prosecution against Downer and News24 journalist Karyn Maughan.
Both Maughan and Downer have denied any wrongdoing.
Zuma and his usual entourage of political heavyweights did not attend Monday’s proceedings.
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