Mpofu argues State prosecutor Downer too passionate to prosecute Zuma

Jacob Zuma's lawyer, Dali Mpofu, said that Billy Downer admitting to crying when certain decisions went against the State was evidence of his lack of objectivity to prosecute.

The NPA team led by Adv. Billy Downer in the Pietermaritzburg Magistrates Court on 8 December 2020 for the case against former President Jacob Zuma and Thales. Picture: Nkosikhona Duma/EWN.

CAPE TOWN - Jacob Zuma is still pushing to have State prosecutor Billy Downer removed from his corruption case.

In the Pietermaritzburg High Court on Tuesday, his lawyer, Dali Mpofu, argued that Downer was a little too passionate to prosecute the former president.

He said that Downer admitting to crying when certain decisions went against the State was evidence of his lack of objectivity to prosecute.

Mpofu has accused the prosecution of criminal conduct.

He claimed that the State had been leaking confidential documents as recently as last month, including to a newspaper journalist.

"This is criminal conduct, I'm sorry. If you're going to be discussing some issues to do with the prosecution of the first accused with a journalist, that's just not allowed."

Mpofu has gone on to say that Downer had failed to show dispassion when he cried after certain court rulings affected the case.

He said that former Scorpion’s head, Leonard McCarthy, and Downer were all mired in controversy.

"So the question arises, if this was such a terrible thing that we witnessed, why was he alone reduced to tears, why wasn't he just wailing around of those all people who were in that room?"

The case continues in the Pietermaritzburg High Court.

WATCH: Jacob Zuma’s corruption case resumes in Pietermaritzburg High Court

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