NPA to stick with advocate Billy Downer in Zuma arms deal trial

THE NATIONAL Prosecuting authority (NPA) has maintained its faith in advocate Billy Downer to represent the State in the perennial see-saw arms deal legal battle that has been in court for close to two decades, despite former president Jacob Zuma’s attempts to have him thrown off the case.

The NPA said on Tuesda that Downer had its full support and would continue to lead the NPA’s prosecution team in the corruption trial involving Zuma and French arms contractor Thales.

This show of backing by the NPA comes despite Zuma appealing the ruling on his dismissed application to have Downer removed from the case.

Zuma has since launched a private prosecution against Downer and News24 journalist Karyn Maughan, with the JG Zuma Foundation accusing the pair of publicly disclosing Zuma’s medical records.

On Tuesday the prosecuting authority said that despite having been served on Monday with summons by the Sheriff in respect of charges relating to the alleged contravention of section 41(6) of the NPA Act, Downer was still their man.

NPA spokesperson advocate Mthunzi Mhaga said that in terms of the said provision, the disclosure of certain information is prohibited.

“This follows the institution of a private prosecution by Mr Zuma, after the Director of Public Prosecutions in KwaZulu-Natal, Adv Elaine Zungu, issued a nolle prosequi certificate, following her decision not to prosecute Adv Downer on the alleged contravention.

“The NPA and its leadership fully support Adv Downer as we believe that these charges are without merit. They are only designed to intimidate him in the prosecution of Mr Zuma, and to further delay the trial. The private prosecution amounts to abuse of process,” Mhaga said.

He said that Downer would continue to lead the NPA’s prosecution team in the Zuma and Thales corruption trial.

“He has the NPA leadership’s full confidence. His track record of prosecutorial integrity and professionalism speaks for itself. As much as the NPA will allow the law to take its course, we recognise the imperative of protecting our prosecutors from unjustified attacks and intimidation.

“We expect attacks to intensify as the wheels of justice begin to gain momentum in the context of accountability for state capture. We must and will fiercely resist this,” Mhaga said.

He added that prosecutors needed to act without fear or favour as they deliver on their constitutional mandate to ensure accountability for crime in the country.

“The people of our country, all victims of state capture, expect nothing less of members of the National Prosecuting Authority,” Mhaga added.