The state's chances of finally bringing arms deal corruption-accused former President Jacob Zuma to trial – which have long seemed unlikely given the Zuma-inspired litigation that has delayed it for nearly two decades – have been hit with another setback.

A further delay – this time not at Zuma's doing – is inevitable after news yesterday that the former President's co-accused, French arms company Thales, has filed an application seeking its acquittal.

The upshot of Thales' bid to stop its trial means the state and Zuma will be given an opportunity to file papers before it can be set down for argument.

Whatever the outcome of that hearing, it is bound to set in motion a flurry of appeals, which are likely to further delay Zuma's trial.

In an affidavit, Attorney Cameron Dunstan-Smith, representing Thales, says the charges relate to events that took place almost three decades ago.

Thales had pleaded not guilty and filed a plea of explanation in May 2021. Since then the trial had been postponed 16 times ‘due to no fault of the second accused’.

According to a TimesLIVE report, he said the indictment was first served on Thales in 2018 and since then two key witnesses ‘who are fundamental to its defence and the charges against it’ have died.

Not only had Thales been forced to incur unnecessary legal fees but its ability to adduce and challenge evidence in the criminal trial had been ‘severely and unjustly prejudiced, constituting an infringement of its constitutional rights’, Dunstan-Smith said. 

It was impossible for Thales to receive a fair trial, especially given that the two directors, Alain Thetard and Pierre Moynot, who were allegedly involved in matters relating to the charges, have died.

‘The importance of them in the criminal trial cannot be overstated. They are the only individuals able to testify in relation to the charges, and their deaths have resulted in (Thales) being placed in a position where it cannot effectively put forward its defence and adduce and challenge evidence.’

Witnesses for the prosecution had also died, including forensic auditor Johan van der Walt who prepared the report upon which the prosecution relied to present its evidence, Dunstan-Smith argued, according to the TimesLIVE report.

‘It is understood that the public has a right to see offenders brought to book but due regard must be given to the presumption of innocence and the fair trial rights in the Constitution.’

Full TimesLIVE report

See also full Business Day report