Zuma’s attorney Bethuel Thusini filed the affidavit ahead of Thursday’s virtual hearing before Pietermaritzburg high court judge Piet Koen, when the case against Zuma and French arms company Thales was adjourned again until later this month.
Thusini said on August 9 this year Downer “strangely” filed an unsolicited affidavit in which he disclosed and annexed the confidential medical report, before Zuma’s application for the postponement had been filed.
There was no evidence to support Downer’s view that Zuma, either alone or in cahoots with the state doctors, was intent on subverting the interests of justice, he said. To “add insult to injury”, without any legal basis, Downer sent a private doctor, a professor Sarkin, accompanied by a police investigator, a Col du Plooy, to the private hospital to conduct an illegal medical examination of Zuma.
“It has never been made clear to Zuma who Prof Sarkin is, and why he was specifically chosen for this medical mission.” Ramaphosa said the matter has been referred to the minister of justice and correctional services, who has final responsibility over the NPA, who in turn, has been asked to refer the matter to the Legal Practice Council.
The correspondence notes that Prof Gert Saayman, chief state pathologist and head of the department of forensic medicine at the University of Pretoria, at the request of the state and in compliance with Koen’s order, had attempted to get access to Zuma’s medical records.
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