Schabir Shaik, whose parole is in the balance, was heading today for release from Westville Prison as his accuser refused to tell officials of a punch-up in a mosque car park.
This was after an investigation at the prison yesterday into allegations that he had punched a 42-year-old man outside the Masjid Al-Hilal mosque in Durban last Friday – leading to his dramatic arrest by Correctional Services this week.
However, the alleged victim, Mohamed Ismail, refused to lay charges and declined to speak to or provide a statement to Correctional Services.
It is believed that this silence has led to Shaik’s imminent freedom.
According to one report, officers yesterday visited the offices of the Sunday Times in Durban, requesting contact details for Ismail.
“Reporters asked Ismail’s permission to give his details to investigating officers, but he requested that they not do so,” the report said.
Ismail is said to want nothing more to do with Shaik.
The emergence of three witnesses who came forward claiming to have seen Ismail swearing and lashing out at Shaik – as reported in the Daily News on Monday – appears to have further bolstered the convicted fraudster’s certain release.
The clash was sparked by Shaik’s Jeep blocking the mosque car park driveway during Friday prayer, while Ismail waited for 10 minutes or more in his car. Ismail had said he needed to drive urgently to a hospital to be at his daughter’s bedside.
During yesterday’s probe, a Correctional Services investigation team met Shaik and the three witnesses to hear their version of the incident – and to determine whether Shaik had violated his parole conditions. Lack of evidence against Shaik appears to be the reason for his expected release.
Shaik’s lawyer, Carl van der Merwe, welcomed the prospect of his client’s expected release, saying the entire legal process surrounding his arrest this week had been flawed.
“According to the Correctional Services Act, if the commissioner is satisfied that a person subject to community corrections has failed to comply with any aspect of the conditions imposed on him or her, a warrant for the arrest of that person can be issued.
“However, there has been no evidence that my client had violated his parole conditions, except for a mere allegation in a media article which cannot be substantiated to be the truth,” Van der Merwe told the Daily News.
Monday’s arrest of Shaik, once a flamboyant, cigar-puffing financial adviser to Jacob Zuma, drew widespread public applause, despite his insistence that he did not assault the fellow worshipper.
News of him back behind bars while the investigation was done was also swiftly seized on by political parties, with some calling it “the end of the road for Shaik”.
The ANC responded by saying that Shaik “should be afforded an opportunity to defend himself against any allegation he faced and that the law be allowed to take its course”.
However, despite his expected freedom today, Shaik is not yet out of the woods. He still faces an assault charge after being accused of slapping Sunday Tribune journalist Amanda Khoza at the Papwa Sewgolum Golf Course two weeks ago.
Police are investigating the incident. Shaik told the Daily News he was telephoned about it on Thursday, and was due to meet police this week to formalise his response in writing.
Shaik said he was confident the truth would come out. - Daily News