Johannesburg

Monday

Mostly sunny. Mild.

12°C
25°C

7 day forecasts

'Not just another case'

2003-11-04 17:53

Johannesburg - Apartheid-era chemical and biological warfare expert Dr Wouter Basson might not face a re-trial even if the State won the right to charge him anew, the Constitutional Court heard on Tuesday.

The State had not decided whether or not to prosecute him again, should it be allowed to do so, Wim Trengove, SC, for the prosecution, told the court.

"This is not just another case; it is a very important case, because these are very, very serious charges," he said.

This was one of the very few prosecutions that followed from the apartheid era in which a high-ranking military officer was accused of serious human rights violations, Trengove said.

"It is important for the victims and for society to know whether the acquittal was legitimate and lawful."

The State is asking the Constitutional Court for special leave to appeal against a decision by the Supreme Court of Appeal effectively preventing it from instituting a new trial, following Basson's acquittal on 46 charges - including murder, drug trafficking, fraud and theft - by the Pretoria High Court last year.

The State also wants leave to appeal to the Constitutional Court against Pretoria High Court Judge Willie Hartzenberg's refusal to recuse himself from the trial. Early in the trial the prosecution asked for his recusal on the basis of bias.

Chief Justice Arthur Chaskalson asked Trengove whether he wanted this or another court to study a 40 000-page court record and, on the basis of the judge's perceived attitude, set the judgment aside - a decision that might have no consequences.

According to Chaskalson, it would be inappropriate for the State to prosecute Basson again. It would not be fair to start it all over again while Basson's acquittal was due to no fault of his own.

"Why would it be appropriate to put him on trial in these circumstances? If it isn't, why should there be an appeal?"

Trengove said the State may decide to prosecute Basson on only a limited number of charges.

"If the State decides not to prosecute at all, the outcome of this case... still has very important public purposes.

"It would pronounce on the legitimacy or otherwise of the acquittal," he said.

The hearing continues.

- SAPA

inside news24

Weather
Traffic
Lottery
Cpt: 17-25°C Sunny. Warm. Pta: 15-28°C Sunny. Pleasantly warm.
Jhb: 12-25°C Mostly sunny. Mild. Bloem: 14-29°C Sunny. Pleasantly warm.
Dbn: 19-23°C Drizzle. More sun than clouds. Cool. PE: 17-30°C Sunny. Warm.
7 day forecasts...

Jobs - Find your dream job

SENIOR OPERATIONS ENGINEER

Gauteng
The Personnel Concept
R750,000-820,000 Per Annum

ENGINEERING MANAGER

Gauteng
The Personnel Concept
R800,000-850,000 Per Annum

SENIOR ADVERTISING SALES EXECUTIVE – MULTICHOICE

Gauteng
New Media Publishing (PTY) Ltd

Cars - Search 1000's of new and used cars

AUDI

2009 Audi A3 2.0 T Sportback Manual - 24000kms
Lava Grey & Tan leather interior
R 275 000

TOYOTA

Avensis 2.0 Advanced AT
2007
R 169,990.00

AUDI

A4 2.0 TDi Dsl 125kW
2007
R 199,000.00

VOLKSWAGEN

Polo 1.4 Comfortline 5-dr
2009
R 154,899.00

Property - Find a new home

RIVER CLUB

Single Residential R2,700,000

SAFARI GARDENS EXT 8

Single Residential R1,845,000

LAMBERTS BAY

Single Residential R1,586,000

Travel - Look, Book, Go!

Free Games - TOO MUCH NEWS? TAKE A BREAK!

Kalahari.net - shop online today

Great Festive Savings on Books

Up to 30% Off ALL Books. 2.3 million titles on SALE.

Sleek New iPod Range. Order Your's Now!

iPod nano 16GB - Black, Was R2,499.00 Now R2,299.00! Save R200!

Up to 40% off Fabulous Festive Flicks

46 000 DVDs and Blu-Ray on sale now! Pre-order Up and District 9!

Up to 20% off ALL Music

100s of festive new releases now in stock! Now, Bump 25, Bon Jovi & more!

1000s of Festive Toys on Sale

Lots of Toys, free gift wrap, lowest prices on Lego Mindstorm, Ben 10, Hannah Montana & more!

Hot Deal of the Day!

Up to 30% off Books

Ends midnight, 30 November

2.3 million titles on sale! New Stieg Larsson, Jeremy Clarkson, Jamie Oliver & more!

Up to 40% Off Sale on All Books, Toys, CDs, DVDs & Games!