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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
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