Durban — Pressure is mounting on the National Prosecuting Authority (NPA) to remove advocate Billy Downer as a prosecutor in the former president Jacob Zuma’s arms deal case after his “humiliating” appearance in the Pietermaritzburg High Court on Monday.
Zuma’s arms deal case is expected to return to the Pietermaritzburg High Court next week where Downer is a lead prosecutor.
In a fascinating turn of events, Downer sat in the accused box in the same courtroom as his complainant, Zuma sat where Downer used to sit when presiding on Zuma matters.
Downer and News24 legal journalist Karyn Maughan are facing criminal charges laid by Zuma after Downer allegedly leaked his (Zuma) medical records to Maughan last year before the matter was ventilated in court.
Zuma’s argument was that Downer broke the NPA Act which forbids the release of information to anyone before it becomes a public document once read into court records.
Downer’s apparent action has renewed calls for him to recuse himself from the Zuma matter and for the NPA to remove him from the case.
Legal expert advocate Mpumelelo Zikalala said this case against Downer had bolstered Zuma’s argument that Downer was conflicted and must recuse himself because it was clear that he broke the law.
Zikalala, however, said the NPA could still allow him to preside over the Zuma matter on the principle of being innocent until proven guilty.
Zululand University vice-chancellor Professor Sipho Seepe said Downer could no longer prosecute Zuma without fear or favour since he was the accused and Zuma was a complainant. He said the conflict of interests had already been established and was clear that Downer would not approach Zuma’s case with a sober mind.
Although the ANC in KwaZulu-Natal labelled Downer as a racist who hated black people on Monday, yesterday it adopted a diplomatic stance, saying the law must take its course.
Jacob Zuma Foundation spokesperson Mzwanele Manyi said Downer’s action vindicated Zuma, who had always questioned his integrity since he allegedly leaked information in relation to Zuma’s arms deal case to Sam Sole of Amabhungane. Manyi said the foundation was eager to see whether the NPA would allow itself to be represented by an accused in a criminal case.
“I think Downer’s recusal this time around is automatic. We wonder how the accused would be able to prosecute another accused who is also a complainant against him. To us Downer is a serial offender who must recuse himself or be removed by the NPA,” said Manyi.
NPA spokesperson Mthunzi Mhaga said the NPA still had full confidence in Downer so he would lead the prosecution team against Zuma and Thales.
Manyi also cast on doubt whether the Zuma trial would continue on Monday since the Constitutional Court had ruled in his favour to appeal against Downer’s recusal application in relation to him leaking arms deal case information to Amabhungane.
He said between now and Monday, Zuma’s legal team would decide whether they would appeal or not – which would mean that the Monday trial would not continue. Both the Pietermaritzburg High Court and the Supreme Court of Appeal had refused Zuma’s appeal against the Piet Koen ruling who dismissed Zuma’s application to have Downer removed from his arms deal case.
Zuma and Downer’s showdown started last year in the same Pietermaritzburg High Court where Zuma’s legal team used leaked tape recordings where Downer and Sole were discussing the arms deal case information with the intention of lodging a recusal application against him.
Daily News