November 09, 2006 Edition 4
Karyn Maughan
Schabir Shaik's lawyer says he could be behind bars when and if he appeals against his fraud and corruption convictions in the Constitutional Court.
Attorney Reeves Parsee yesterday confirmed that Shaik's lawyers were "looking at" the Supreme Court of Appeal's rejection of his fraud and corruption appeal.
But Parsee stressed that this consideration might not result in a leave-to-appeal application before Jacob Zuma's former financial adviser was scheduled to begin his 15-year jail term tomorrow.
"We have 15 days to lodge an appeal Â… so it may be that Mr Shaik is in custody when that happens," he said.
He added that the possibility of Shaik, who is currently consulting with his lawyers in Cape Town, getting bail pending a Constitutional Court appeal would also depend on how many charges he was able to appeal against. "We are looking at all three charges, but if he is only given leave to appeal against one, it may be difficult for him to get bail."
Meanwhile, Zuma arrived in Johannesburg yesterday after a visit to Russia.
But, contrary to media speculation, his attorney said the former deputy president had not rushed home to meet with his lawyers about the appeal court's ruling.
Attorney Michael Hulley said neither he nor Zuma would be making statements about the Shaik judgment "for the foreseeable future" but added that Zuma "obviously had an interest in the judgment on a personal level".
"The case against Zuma has, however, been struck off the roll and there are currently no charges against him Â… there is no reason for him to say anything."
The appeal court on Monday unanimously found that the state had proved that Shaik had engaged in a "corrupt relationship" with Zuma and had made more than 200 payments totalling R1,2-million to Zuma and on his behalf to further Shaik's business interests.
The court also found that the fax used to prove that Shaik had arranged a R500 000 bribe for Zuma from French arms company Thint had been correctly admitted into evidence. It was "in the interests of justice" that the fax be used as evidence, the court found.
Describing the corruption committed by Shaik as damaging to democracy, the judges also found that there were no grounds on which they could reduce his sentence.
While National Prosecuting Authority spokesperson Makhosini Nkosi declined to directly confirm that the appeal court's ruling would impel the state to recharge Zuma, state advocate Billy Downer said the ruling was "one of the things we have been waiting for".
As time runs out for Shaik, Correctional Services authorities have stated that no special arrangements have been made for his expected detention at Durban's Westville Prison.
The department's chief di-rector of communications, Manelisi Wolela, has emphasised that there was nothing special about Shaik's appeal. "We do not make special arrangements for any prisoner and we do not discuss any prisoner with the media."