Zuma trial: ‘Downer can’t be a prosecutor and accused in same matter’ – Mpofu

Former President Jacob Zuma has turned to the Constitutional Court in a bid to overturn an order which makes the invalidation of his private prosecution of state advocate Billy Downer and journalist, Karyn Maughan, immediately enforceable.

The former president and French arms manufacturer Thales were back in the Pietermaritzburg High Court on Thursday for his corruption trial.

Zuma is again seeking the removal of Downer, on the basis of his now invalidated private prosecution against him.

Challenge

He is challenging the findings the Supreme Court of Appeal (SCA) that his private prosecution against Downer and Maughan was an abuse and should be set aside.

The SCA earlier this month unanimously dismissed Zuma’s bid to challenge the enforcement of the ruling invalidating his private prosecution of state advocate Downer and Maughan.

It confirmed Zuma’s case against the duo had no foundation and found his private prosecution against Downer and Maughan was a continuation of his so-called “Stalingrad campaign” to avoid ever facing trial through constant challenges to the case against him.

Zuma had sought to overturn a high court judgment that effectively prevented Downer and Maughan from having to face prosecution.

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Constitutional Court

Advocate Dali Mpofu, acting for Zuma told the court the former president filed an application to appeal the enforcement of the ruling that invalidated the private prosecution as an abuse.

“What has since happened is that as of 25 October, the application for leave to appeal in that matter was served. And I’ve just learnt now that I think, because of the time, the stamp of the Constitutional Court says the 26th.”

Mpofu said one of Zuma’s complaints is that the state “failed to remove” Downer “upon our demand”.

He argued that Zuma will not get a fair hearing if Downer prosecutes him.

“When we wrote them a letter and we said to them, please remove this prosecutor… That decision itself should have been informed by the highest ethical standards and we will pursue it with respect that the decision that was taken was not informed by the highest ethical standards.

“He (Downer) cannot be expected to be a prosecutor and tomorrow to be the accused, in the same matter, same courtroom before the same judge nogal,” Mpofu said.

Take a leaf

Mpofu added the state must take a “leaf” from what Judge Piet Koen did.

In January this year Koen, who was presiding over Zuma’s trial, announced his decision to recuse himself from the matter for the “strong views” he made when he dismissed Zuma‘s bid to get arms deal prosecutor, Downer, removed from the corruption and fraud trial.

This also includes the views the judge made about the merits of Zuma’s private prosecution case against Downer and Maughan for allegedly leaking the former president’s private medical records.

“All Judge Koen was saying was that what will the public say if I have made remarks which go this way and the following day I am supposed to be neutral and therefore I am moving out from an ethical point of view,” Mpofu argued.

“That’s all we are asking for. We are not saying Mr Downer must admit to any guilt of anything, we are not saying the NPA must paint him with a certain brush.”

Mpofu said it showed this latest bid by Zuma to force Downer’s removal was not trying to re-ventilate issues that had already been decided.

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