Former president Jacob Zuma appeared in the Pietermaritzburg High Court on Thursday concerning his charges about the controversial Arms deal.
Zuma’s counsel Dali Mpofu SC asked the court to provide reasons he had lost his appeal to have state prosecutor Billy Downer recused.
In March this year Zuma lost his application in the Pietermaritzburg High Court for state advocate Billy Downer to be removed as prosecutor from his arms deal corruption trial.
Judge Nkosinathi Chili ruled that he was not persuaded by Zuma’s reasons for Downer to be removed as prosecutor in the case.
He said he would provide reasons at a later stage.
The question was whether the involvement of Downer in the trial would infringe Zuma’s right to a fair trial.
Mpofu in citing various cases said that Zuma was entitled to those reasons so that he can appeal his decision properly.
He further argued that if the NPA felt it was a delaying tactic on their part, then they should have put in another prosecutor in the mean time.
“The state can’t have their cake and eat it. They can’t want the trial and retain Mr Downer. The application for the recusal of Mr Downer is still alive.
“We are exactly in the same position, before the order was granted.”
Downer argued that this was the third time the matter was set down for pre-trial and urged the Judge to go ahead.
The matter has been adjourned briefly for Chili to make a ruling.
-IOL
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