'Sex, lies and audiotapes'
2003-06-02 15:10
Cape Town - There was much legal jousting in the Cape High Court on Monday as lawyers argued about the admissibility of evidence in a civil case involving Western Cape politicians.
Former MEC Freda Adams is suing Peter Marais, now leader of the New Labour Party, and Gerald Morkel. Marais and Morkel are former premiers of the Western Cape and former mayors of Cape Town.
Marais faces two defamation claims - one for R125 000 and the other for R1m - and a R1.2m claim for sexual harassment. Morkel is facing a defamation claim of R500 000. Marais has lodged a counter-claim of R2.5 million for defamation.
Monday's arguments hinged on the admissibility of evidence as contained in taped recordings of a conversation with former Oudtshoorn New National Party councillor Ellen Prins, and an extract of a conversation with Morkel.
It also encompassed a transcript of a radio interview involving Marais and Adams, as well as letters attesting to Adams's character and other allegations of sexual harassment prior to August 1999.
Counsel for Adams, Willie Duminy SC, said letters written to Adams by various provincial MECs had attested positively to her status and reputation.
Evidence apparently obtained illegally
"What they thought of her is not important, but how they related to her is," Duminy said.
Regarding the taped conversation involving Prins, Duminy said the court had a discretion to allow evidence apparently obtained illegally in a civil matter.
He said the fact that Adams recorded the conversation with Prins became more significant in that Prins denied in an affidavit she had made allegations of sexual harassment against Marais.
Anwar Albertus SC for Marais said they would object to the admissibility of the letters as hearsay.
He said they would object also to wanting to include allegations of sexual harassment prior to August 1999 because the claim limited itself to between August and November 1999.
Regarding the conversation with Prins, Albertus submitted that it was inadmissible "to the extent that Prins will not be called by the plaintiff and is therefore hearsay".
He also questioned the accuracy and authenticity of the transcriptions of the taped recordings.
Morkel's advocate Alwyn Moeller said the letters written to Adams by her former cabinet colleagues after her cabinet post had not been renewed were a "textbook case of hearsay".
All three in court
He also questioned the accuracy and trustworthiness of the tape recordings.
"We don't know what methods or equipment were used to record, or whether the recordings were edited," he said.
Moeller submitted that Adams's action was "underhand, if not dishonest" and her motives were clearly to get information for some or other purpose.
Morkel and Marais were in court on Monday, sitting a few seats away from Adams on the same bench.
The case is being heard by Judge Anton Veldhuizen.
The hearing continues.
- SAPA