Former president Jacob Zuma. (Photo: Leila Dougan | Advocate Billy Downer. (Photo: Gallo Images / Alet Pretorius) The Pietermaritzburg High Court has dismissed Jacob Zuma’s latest application to have advocate Billy Downer removed as prosecutor of his arms deal corruption trial.
Delivering the judgment on Wednesday morning, Judge Nkosinathi Chili said the former president had failed to show that Downer’s presence as his prosecutor would violate his right to a fair trial. Zuma had asked for the recusal of Downer, whom he accused of prosecutorial bias, which, he said, would mean he would not get a fair trial if he led the State’s case.
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“I am not persuaded that Mr Zuma succeeded in establishing that the retention of Mr Downer as the prosecutor in this matter could prejudice his right to a fair trial enshrined in Section 35 of Subsection 3 of the Constitution.
“I therefore make the following order: The application for the removal of Mr Downer as the public prosecutor in the criminal prosecution of Mr Zuma and Thales South Africa (Pty) Ltd is dismissed. Reasons shall be incorporated in my judgment,” Judge Chili said.
[BREAKING NEWS] Pietermaritzburg High Court dismisses former president #JacobZuma's application to have lead prosecutor Adv. #BillyDowner removed from the arms deal corruption trial.
Tune into Newzroom Afrika DStv channel 405 for more. pic.twitter.com/TJ6CuKUnew
— Newzroom Afrika (@Newzroom405) March 20, 2024
The judge said he would only provide the reasons for his judgment “at the end of the trial”, after Zuma’s lawyer, Dali Mpofu, had requested them “to trigger any further proceedings”.
The former president was not present in court on Wednesday morning.
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This is the second attempt by Zuma to have Downer removed from trying the arms deal corruption case after his first special plea failed in October 2021, when it was rejected by former trial judge Piet Koen.
Zuma subsequently brought a fresh application against Downer in 2023, after Koen recused himself from continuing with the matter.
The former president has for years used Stalingrad tactics, ill health and an undisclosed medical condition to delay court proceedings and to avoid facing criminal prosecutions in the case.
In 2022, Zuma laid criminal charges against Downer and then tried to prosecute him privately, along with journalist Karyn Maughan, whom Zuma accused of colluding with Downer to publish details of his medical records illegally.
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The Supreme Court of Appeal, in October 2023, dismissed Zuma’s application against Maughan and Downer, with costs.
On Wednesday, Downer said the State is firmly against further delays in the case and asked that Judge Chili set trial dates imminently.
“We’re now sitting in March 2024 for a trial which has been the subject of abuse and delay for six years – to start further down the line than six months from now we just find it unacceptable… The State’s attitude is that this matter must go to trial as soon as possible,” Downer said.
Mpofu said he was “absolutely astounded” and “disappointed” with Downer’s remarks, and complained that Downer did not talk to Zuma’s legal team about the progress of the trial.
At the conclusion of Wednesday’s proceedings, Judge Chili postponed the matter to 17 May for a pretrial conference. DM