LIVE | Zuma has shown extraordinary levels of hostility to News24’s Maughan, court hears
Downer's lawyers are arguing that private prosecution summons issued against him by Zuma should be set aside"and Mr Zuma should be interdicted from pursuing any private prosecution against Mr Downer on substantially the same charges as those advanced in the summons". That is the means to put an end to the abuse of process, Budlender Snr argues. "This case is of importance not only because it is part of acontinuing attempt to stop or delay the prosecution of Mr Zuma.
"Mr Downer points out that he did not disclose any information to Mr Sole relating to Mr Zuma's case. He merely described, in abstract, the mechanisms by which the NPA obtains mutual legal assistance from other countries. Mr Zuma does not dispute this." Budlender senior mentions the 2008 matter of a telephone discussion between Downer and amaBhungan's Sam Sole. He said discussions between Sole and Downer, were illegal recordings.
"If we assumed they were genuine and accurate recordings, that does nothing to provide a basis for a charge against Mr Downer. Why is this issue suddenly raised now? What is the reason why this old matter is raised 15 years later? It is done now because the prosecution is almost a reality. It is an attempt to obstruct and delay prosecution."Time and again, Budlender Sr returns to what I think is the crux: Zuma simply does not want to engage with the facts. Ever.
Mr Zuma says that 'by being informed' of the arrangement between Mr Breitenbach and Ms Maughan, Mr Downer associated himself or failed to dissociate with the commission of the crime. Being informed of something cannot constitute the commission of an offence".Budlender senior: Why the charge against Mr Downer is unsustainable - we deal with facts in detail, but there is a short answer for this question.
This is exactly the point Budlender Snr says - and again points out that all of Zuma's various applications have been meritless.Budlender senior says Zuma has stated that whether or not proceedings constitute Stalingrad tactics, it must be judged qualitatively on the merits of the challenge."We have 20 years of meritless challenges. All of these challenges have been found to be meritless for 20 years," says Budlender.
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