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 Key Zuma witness will 'never testify'
    Karyn Maughan
    March 17 2009 at 10:01AM
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The author of the infamous encrypted fax that implicated Jacob Zuma in corruption says he will never testify in the ANC president's trial.

And Alain Thetard has hinted that he could have been a valuable defence witness for Zuma's former financial adviser, convicted fraudster Schabir Shaik, had he not been scared off by the state's plans to arrest him.

In an affidavit filed at the Pietermaritzburg High Court on Thursday, Thetard - who is a former representative of Thint, the French arms company accused of offering Zuma money for his political protection - repeatedly stated that he was incapable of trusting Zuma's prosecutors.
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"As a result of the conduct of the representatives of the National Prosecuting Authority, I have no faith in what they say and I believe they will use any excuse to arrest me or have me arrested should I return to South Africa, irrespective of any undertakings they may give," he says.

'I have no faith in what they say and I believe they will use any excuse to arrest me'
Thint has applied for the prosecution against it to be permanently stayed.

In a 19-page affidavit, Thetard - who the State and counsel for Shaik previously slammed as a "liar" - explained why there was no love lost between himself and the NPA.

Central to his complaints was the "encrypted fax", a draft document that three courts have found was proof that Shaik solicited a bribe for Zuma. Shaik trial Judge Hilary Squires found that the fax "spoke for itself" - setting out the arrangements and terms of a R500 000 bribe for Zuma - and dismissed Shaik's claims that the R500 000 payment was a donation to the Jacob Zuma Education Trust.

While confirming that he had stated under oath that he was the author of the encrypted fax, Thetard said he feared that the terse way in which the NPA had forced him to structure it, could be misconstrued.

He then wrote a second affidavit, in which he claimed that the fax merely recorded his thoughts and had never been sent. It was this affidavit, and the potential vindication it offered Shaik, that could have prompted the State to apply for an arrest warrant against him, Thetard said.

"It takes little imagination (if any) to arrive at the conclusion that the State considered that I might be a useful witness for Shaik - especially if I was going to repeat my explanation regarding the encrypted fax."

The arrest warrant issued against him, Thetard said, "smacked of an attempt to prevent me from testifying to anything that might have harmed the State's case against Shaik".

Thetard further claimed that the time-frame of Zuma and Thint's alleged corrupt activities was so long ago, that "I do not have sufficient independent recollection of events that transpired… to be of any assistance", he said.



    • This article was originally published on page 3 of The Star on March 17, 2009
Showing page 1 of 3 comment pages, 23 total comments
32 Weeks ago Steve wrote :
I want my money back. Why must I pay out of my taxes for the legal expenses of a normal citizen of this country (Zuma). Should I ever have to go to court I will expect all my expenses to be covered by the state! On my next tax return I will make a deduction for "money borrowed by the state to pay from Mr Zuma's legal fees". Let them arrest me for it! Then lets see who pays to get me off the hook....
35 Weeks ago ZAPATA wrote :
JASON C YOU GOT IT ALL RIGHT BIG BROTHER.THE ARMS DEALERS HAVE PLUNDERED AFRICA AND THIS SHOULD BE STOPPED NOW.AS FOR THE 'TRIAL' I REST MY CASE .I HAVE LONG DOUBTED THE MOTIVE BEHIND IT.IS THIS ALL ABOUT ENSURING NTHAT JUSTICE IS NOT ONLY DONE BUT SEEN TO BE DONE OR IS ABOUT SOMETHING ELSE? MORENA BOLOKA SECHABA SA HESU. VIVA THE COMITTMENT TO BETTER THE PEOPLES LIVES !!!!!!!!!!!!!
35 Weeks ago Anonymous wrote :
We have spend millions chasing an encrypted fax to nail Zuma. We are truly wasting state money! The zuma trial was never warrantedon such weak grounds!
35 Weeks ago ANTON VAN DER RIET wrote :
WE NEED PEACE! WE NEED FOOD AND HEALTH CARE! WE NEED JOBS! WE NEED TO STAND TOGETHER AND TO GET S.A. ON THE ROAD AGAIN! IN WAR WE CAN FIGHT TOGETHER! IN PEACE WE CAN NOT EVEN DO ANY THING! MORE PEOPLE ARE DIEING IN PEACE TIME THAN WAR! SOMETHING MUST BE WRONG SOME WHERE?
35 Weeks ago Anonymous wrote :
The poor and hungry in Africa do not understand this game which all Polictical parties are playing!
35 Weeks ago Timothy wrote :
If Alain Thetard is granted then there is no case against Mr. Jacob Zuma. The Prosecution has based their case on that encrypted fax. We will be watching with keen interest.
35 Weeks ago Anonymous wrote :
Yet premature political parties are all over JZ about corruption, thanks IOL for showing a little of fairness for a change in publishing this article.JZ for Presidency 100% ANC forever!!!!!!.he he.."Ba ya itima, mara e ya tsamaya, evangedi ya ANC"
35 Weeks ago Anonymous wrote :
It's true being enemy of the State is scary!! Mbeki "the intellectual"
35 Weeks ago Themba wrote :
This thing of Shaik, Zuma, Thinth and arms deal is a total cause of povetry in the country. It is our money that was used to but these arms, it is our money that is being used to charge and also to defend these induviduals. Can'nt this whole thing be put at rest, and let unskilled people in the country have jobs and education to build the future.
35 Weeks ago Jason C wrote :
The man needs to explain himself fully and to account for his conduct - ie his evidence was used in the trial against Schabir Shaik and was cause for appeals at the cost of tax payers and in turn led to the states prosecution of Jacob Zuma, which as we know is still a mounting bill. The audacity of these power brokers is shameful. They have long played with the fates of countries and have even through outright greed sponsored the corruption of fledgling democracies. Who polices these people and how come they are never the ones explaining Somalia, Bosnia or in this case South Africa. We are nation in it's early days with an ambitious and unprecented constitution, that need not be soiled by their bloodied hands. This by no means vindication for the parties involved in the dabacle that was the arms deal, they alone need to be held to task on why they would let the standards of a nation down - whoever they may be. I'm sad at the circus that this has become. Morena boloka sechaba sa hesu
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