The French arms company Thint won a victory in Durban on Wednesday when it stalled attempts by the state to secure vital documents seized in Mauritius.

South African prosecutors want to use the documents in the corruption trial against the company and axed deputy president Jacob Zuma.

The state needs the originals of the documents - including a diary which notes a meeting between Schabir Shaik, Zuma and Thint representative Alain Thétard - which were used in Shaik's trial.

These are being held by the Independent Commission Against Corruption (ICAC) in Mauritius. Apparently they cannot be released without a court order from that country.

'It appears that Thétard met with Zuma in Durban'

Last Friday, state advocate and member of the prosecution team Anton Steynberg served papers on legal representatives of Zuma and Thint, indicating that he would make an urgent application in the Durban High Court on Wednesday in terms of the International Co-operation in Criminal Matters Act.

He was seeking a Letter of Request, which could be sent directly to the attorney-general of Mauritius, requesting the release of the documents that were seized on October 9, 2001 from the premises of Thales International Africa.

According to an affidavit by Scorpions head Leonard McCarthy, during that raid a diary was handed over by Thétard reflecting a "particularly important piece of evidence" for the state.

"It appears from the entry (for March 11 2000) that Thétard met with "J Zuma and SS" in Durban on that day.

"Other documents were also seized and all will be evidence relevant to the present prosecution," he said.

'Other documents were also seized'

McCarthy considered it essential to get finality on the issue and to obtain the documents for the trial against Thint and Zuma.

But Thint, represented by advocate Ryan Naidu, brought an urgent application asking for the state's application to be struck off the roll.

Thint Director Pierre Moynot said in his affidavit that it was clear that Steynberg had not intended to give formal notice of his application, and delivery appeared to have been done "in the belief that we had no right to interfere with that application".

He contended that only a trial judge had the authority to issue such an order for a Letter of Request for mutual legal assistance.

So far, no trial judge has been appointed to hear the corruption case. Even then, such an order could only be granted if the court believed it would be in the interests of justice.

He said the state was now expecting a judge to hear an application which should only be heard by the trial judge.

It also was expecting the judge to make an order without hearing the accused in the criminal trial.

Referring to events after the 2001 search and seizure, Moynot questioned how, in spite of an undertaking by the commissioner of the ICAC not to hand over documentation without the authority of a Mauritian court, copies of documents had been released to South African officials during the operations.

He also accused the state of attempting to use a "diplomatic process" to circumvent and undermine the order of the High Court of Mauritius.

When the matter came before Judge Leona Theron on Wednesday, it was agreed, by consent, that both applications would be adjourned.

The state has until early next year to file its papers opposing Thint's application.

• This article was originally published on page 1 of The Mercury on December 15, 2005