Boeremag application dismissed
2003-08-18 15:11
Pretoria - An application for the recusal of chief prosecutor Paul Fick from the Boeremag treason trial was dismissed in the Pretoria High Court on Monday.
Judge Eben Jordaan said he was not convinced by arguments presented by lawyers for the 17 applicants that Fick would fail to conduct an objective trial. Mere anxiety on their part was not sufficient grounds for a recusal, he said.
The judge remarked it would by highly unlikely for an accused in any criminal trial not to think the prosecutor was biased.
In the end, the duty of ensuring a fair trial was that of the presiding judge, and he was committed to doing just that, Jordaan said.
Seventeen of the 22 Boeremag trialists last week questioned Fick's integrity, accused him of trying to curtail their right to freely consult their legal counsel, and expressed fears that he would not be objective.
Their application for his recusal was largely based on a judge's criticism of Fick during the trialists application in the same court in April. They wanted to be held in one prison.
The judge in that matter accused the investigating officer, Senior Superintendent Louis Bester, of lying in a statement opposing the application - and criticised Fick for associating himself with the lie.
Jordaan said Fick's decision to oppose that application may have been ill-considered, but there was no proof of malice on his part.
Dismissing the application, he said defence attorneys remained welcome to raise concerns about the prosecution should problems arise during the trial.
This was believed to have been the first application for the recusal of a prosecutor in South African legal history.
The 22 men stand accused of planning to overthrow the government as members of the rightwing Boeremag organisation, with the aim of declaring a Boer republic.
They face 42 charges, including high treason, terrorism, sabotage, murder, and several firearms and explosives violation charges.
The hearing was delayed for over an hour on Monday morning when police searched a suspicious-looking vehicle parked outside the court.
It turned out to belong to a police detective who had been late for a court case and decided to park in the restricted area.
The bomb squad was called in after a police sniffer dog reacted positively to the green Mazda parked in Bureau Lane - one the streets that give access to Church Square. These have been closed off for the duration of the trial.
Police broke a window and searched the car before the owner was traced.
In the morning, Acting Judge Piet van der Byl dismissed a bail application by one of the trialists, Dirk Jacobus Hanekom.
The State opposed the application on the basis that there was a probability of him re-joining efforts to regroup the Boeremag. It contended there was "considerable" support for the organisation in the country.
Van der Byl found that Hanekom stood accused of very serious crimes, and was required to prove exceptional circumstances warranting his release on bail. He had failed to do so.
Hanekom, a former SA Defence Force colonel, is alleged to have been a senior military leader in the Boeremag's plans to take over the country.
The court is expected to next hear an application by some of the accused for a revision of the charge sheet.
This was expected to be the final pre-trial application before the actual trial gets underway. The trial was supposed to start in May, but has been delayed by several applications by the Boeremag trialists and their lawyers.
- SAPA