On Tuesday, the High Court in Pietermaritzburg heard an application by Zuma to have Advocate Downer removed from the case. 

Zuma believes Downer lacks impartiality in the decades-old case and must be removed.

The court also heard allegations that Downer leaked confidential information to journalist Sam Sole. 

Advocate Masuku, representing Zuma, said the fact that Downer submitted an affidavit under oath in the DA’s challenge of the decision made by the NPA to withdraw prosecution against Zuma was evidence enough of his bias. 

But the State labelled these as baseless attacks without merit. 

"I am struck by the extraordinary fest of attacks on Mr Downer today, entirely unjustified. My learned friends so frequently based their attacks on incomplete and one-sided selection of the facts with an added dollop of hyperbole and insult to malign Mr Downer for utterly innocent conduct," said Advocate Wim Trengrove.

"The facts are that Mr Downer attended a seminar in which (former AFU head) Mr Hofmeyr revealed the discovery of the spy tapes and the misconducted the spy tapes revealed and what appalled Mr Downer was this revelation of misconduct by the leadership of the NPA who had improperly and unlawfully conspired to interfere with the prosecution, it was his indignity about the injustice of this unlawful conduct that moved him to tears, he should be applauded and given a medal for that.”

He denied the assertion by Masuku that Downer did not follow the NPA processes to submit his affidavit in the so-called spy tapes case, saying Downer was asked to make the affidavit which was taken through the office of the state attorney. 

On the leaks to the media, Trengrove said there is no such evidence.

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