12 April 2009

Jacob Zuma's prosecution was "absolutely not" born out of a political vendetta.

And, says Billy Downer, the leading Zuma prosecutor, former National Prosecuting Authority boss Bulelani Ngcuka and former head of the Scorpions Leonard McCarthy were "very surprised" when evidence of graft surfaced against the ANC president.

Transcripts of recorded conversations between McCarthy and Ngcuka, in which the timing of Zuma's 2007 recharging was discussed, were used by Acting Director of Public Prosecutions Mokotedi Mpshe to justify the state's withdrawal of all charges against Zuma.

A week ago, Mpshe ended the state's eight-year investigation and prosecution of Zuma on the basis that transcripts of the recordings showed an "abuse of power" on the part of former NPA management.

Mpshe acknowledged that Downer and his team had disagreed with the decision and believed a judge should decide whether the case against Zuma - which the NPA has described as "strong" - was too compromised to continue.

Speaking to The Sunday Independent last week, Downer would not be drawn on the basis for his opposition to Mpshe's decision. But he has vehemently denied there was "any basis" to suggest Zuma had been targeted for an unwarranted prosecution by the NPA.

"Nothing could be further from the truth," he said.

Downer described how the evidence of payments between Schabir Shaik, Zuma's financial adviser, and the then-deputy president emerged out of a "very tiny aspect" of the NPA's arms deal enquiry.

"Not in their wildest dreams did they (Ngcuka and McCarthy) ever believe anything would come out of it... all Bulelani wanted to do was get behind the allegations of arms deal corruption being made by (Independent Democrats leader) Patricia de Lille."

According to Downer, he became involved in the arms deal inquiry in 2001, when he was asked to investigate a potential conflict of interest between Chippy Shaik, the government's principal buyer in the arms deal, and his brother Schabir - who had a stake in one of the arms vendors.

He agreed to do the "largely paperwork-based" investigation mainly because his father had recently died and it would give him an opportunity to spend time with his widowed mother in Pretoria.

"I would see Bulelani at the NPA's old offices in the Maize Board buildings and he would greet me and say, 'Oh, you're here again'. He would often tell me that he didn't expect us to find anything."

But Downer did find something.

Instead of it being evidence of payments being made between the Shaik brothers, however, investigations revealed that Shaik was making payments to Zuma.

The investigation deepened when reports of a so-called encrypted fax - which was later found to record an alleged R500 000 annual bribe from French arms company Thint to Zuma - first surfaced.

But, said Downer, both McCarthy and Ngcuka were also "extremely sceptical" about whether the document even existed.

"They thought it sounded like some fantastic fairy story," he said.

Downer admits he was "very, very upset" when Ngcuka refused in 2001 to conduct search-and-seizure operations on Zuma, out of what he said was his respect for the office of the deputy president. He further acknowledges that he disagreed with Ngcuka's 2003 decision not to charge Zuma along with Schabir Shaik.

"But I never criticised his decision... I just said I believed it could have been made differently."

Asked about his feelings towards McCarthy and Ngcuka, whose conversations ostensibly cost the state the chance to put Zuma on trial, Downer responds: "I simply don't know."

If the transcripts accurately reflected what the two men said to each other, and were in fact a reflection of irregular interference in the Zuma case, Downer says, "then of course I'm devastated and disappointed. We all are".

Downer maintains that he does not regret the eight years he has spent investigating and prosecuting Shaik and Zuma, and points out that the state's numerous court wrangles with both men - nearly all of which the state ultimately won - "changed the law in this country".

The NPA's victory in its warrants battle with Zuma now enables the state far greater power in conducting search-and-seizure operations on suspected criminals, Downer points out.

He says he has no intention of resigning over Mpshe's decision.

But does he ever worry that his involvement in Zuma's prosecution will hurt him professionally?

"I would hope not. I have just done my job and done it properly.

"I would hope that whatever anyone's political views may be, they will see that."