The attempt by former president Jacob Zuma to get attorney Billy Downer removed from his weapons deal corruption prosecution has failed. Judge Nkosinathi Chili delivered the ruling in the Pietermaritzburg High Court on Wednesday morning.
Judge Chili is Not Persuaded By Zuma’s Defense of Billy Downer’s Removal
In issuing his decision, Chili stated that he was not persuaded that Downer’s position as the case’s lead prosecutor would harm Zuma and infringe upon the former president’s right to a fair trial. Zuma is not present in court but is represented by attorney Dali Mpofu.
“After hearing submissions from both sides, reviewing pertinent case law, and analyzing the four pillars that Mr. Zuma cited, I am not convinced that Mr. Zuma was able to prove that Mr. Downer’s continued involvement as the prosecutor in this case would jeopardize his right to a fair trial, as guaranteed by section 35, subsection 3 of the Constitution.
The appeal to remove Mr. Downer as the public prosecutor in the criminal prosecution of Mr. Zuma and Thales South Africa [the second accused in the case] is thus dismissed, Chili ruled in his ruling.
Advocate Mthunzi Mhaga, a spokesman for the National Prosecuting Authority, told reporters outside the court following the verdict that the most recent court action was just another “baseless attempt to delay the trial unreasonably.”
When questioned whether the state was prepared to move forward with the trial, Mhaga said, “We have been ready years ago.” Zuma’s representative, Mondli Thusini, informed the media that the ruling would be appealed.
Chili Scheduled a Pre-Trial Meeting for May 2024, Postponing the Case
Earlier, the court rejected Zuma’s request to have the prosecutor removed. After failing to obtain relief from Judge Piet Koen in the same court, Zuma is making another attempt to have Downer removed from the case.
The Pietermaritzburg High Court decided in 2021 that Downer will carry on with Zuma’s legal defense. Zuma subsequently asked to be allowed to appeal Koen’s decision, but this was denied as well.
The decision to remove Downer was taken in response to Zuma’s allegations that the prosecutor had given the media access to sensitive information about him, including his medical records. He said that Downer would not give him a fair trial because of this supposed infraction, and for that reason, he wanted him removed.
Zuma tried to prosecute Downer and journalist Karyn Maughan in private in 2023, but the matter was dropped, and the court eventually dismissed the appeal. According to Zuma, Downer gave Maughan access to medical and case information.
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