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.
“While preparing our application, an inquiry was made by a journalist who appeared to have a source in the NPA and who broke the story of the medical report and, to our utter shock and surprise, referred to its contents in such a way that it was abundantly clear the journalist had read or had been advised of its contents.”
Thusini said this was in spite of pleas by Zuma’s legal team to treat the report with the strictest confidentiality.
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.
“This is a serious allegation. We have come to accept such insults from the biased media, but it cannot be counternanced from an organ of state. The leaking of the medical letter was reported to the president in a complaint filed with him and copied to the National Director of Public Prosecutions (NDPP) and the minister of justice.
“The president has since informed us that he has directed a full investigation to be conducted,” 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.
Thusini said this was in breach of Koen’s previous order which stated the state could get its own doctors to examine him, but only after a detailed medical report had been given to the NPA for it to formulate an opinion.
“The fact that Downer and his prosecutors will not believe the word of state doctors unless the medical report is checked by Prof Sarkin, who has never treated Zuma, is a telling indication of the underlying prejudice and undermining of Zuma, his medical team and possibly his lawyers.
“It has never been made clear to Zuma who Prof Sarkin is, and why he was specifically chosen for this medical mission.”