Zuma fails again to have Downer removed as prosecutor in arms deal case

Former president Jacob Zuma has again failed to remove lead prosecutor Billy Downer from his arms deal-related trial.

Presiding judge Nkosinathi Chili on Thursday refused to grant Zuma leave to appeal to the Supreme Court of Appeal against a ruling he made in September last year, dismissing his application seeking to have Downer taken off the case.

Chili said he had to consider whether Zuma had reasonable prospects of success if his appeal was heard.

He did not believe Zuma’s fair trial rights would be compromised if Downer remained, and there were no reasonable prospects another court would come to a different conclusion.

Zuma arrived late for the hearing. His advocate Dali Mpofu apologised on his behalf, saying it was due to an overflowing river. The judge adjourned the proceedings briefly.

When they resumed, Mpofu said he had instructions to petition the SCA for leave to appeal.

Chili then began hearing submissions on an application by Zuma’s co-accused, French arms company Thales, for an acquittal based on its claims that two of its key witnesses have died.

Zuma has submitted a conditional counter-application for a similar acquittal, should Thales be successful.

The matter continues.

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