Boeremag 'leader' refused bail

2003-10-28 17:44

Pretoria - One of the Boeremag's alleged leaders, Adriaan van Wyk, was again refused bail in the Pretoria High Court on Tuesday.

Van Wyk hugged his wife, but would not speak to reporters after Judge Mahomed Ismail refused him bail, saying that the press "always lied and deceived".

His attorney, Daan Mostert, told reporters Van Wyk was "totally dismayed" about the outcome of his latest bail application and was seriously considering an appeal.

Both the Regional Court and High Court turned down previous bail applications by Van Wyk.

Van Wyk, who suffers from a pre-diabetes condition, claimed he was not properly fed in jail and that his health was deteriorating because he did not receive his medication regularly. His doctor testified that his insulin levels showed that he was not using his medication.

Two Correctional Services officers, however, testified that Van Wyk does receive his medication and that they had not received any written complaints from him.

Judge Mahomed Ismail said the probabilities supported Correctional Services' version. He said if Van Wyk's allegations were however true, he expressed the strongest dissatisfaction about the violation of the accused's human rights and asked that prison authorities be informed of his sentiments that Van Wyk should daily receive food and medication.

The judge did not make any finding on Van Wyk's allegations that he was not a member of the Boeremag, but a card-carrying member of the Pan Africanist Congress (PAC), as he said Van Wyk was not charged with being a PAC member.

The judge remarked that the PAC regarded Van Wyk's membership as being dubious and having been obtained by fraudulent means.

He referred extensively to the evidence of the investigating officer in the treason trial case, who testified that the Boeremag was a large organisation and could not be described as "Mickey Mouse".

The State opposed bail, saying it had a strong case against Van Wyk, who faced long-term imprisonment if convicted of high treason, murder and terrorism. The prosecution submitted that the Boeremag had such a strong support base that sympathisers might help Van Wyk to "disappear" if he was granted bail.

The investigating officer said Van Wyk was a trained soldier who knew how to cross borders undetected and he had no fixed property in the country. He also referred to a number of death threats received by the investigating and prosecuting teams.

Judge Ismail found that Van Wyk had not proven exceptional circumstances to show that his release on bail would be in the interest of justice.

Meanwhile the treason trial of Van Wyk and 21 other alleged Boeremag members is to continue in Pretoria's Palace of Justice on Wednesday. The judge earlier heard that it was unlikely that the state would be able to call its first witness, as certain of the accused refused to attend the trial and wanted to launch an urgent application about the "filthy and appalling" conditions under which they were kept at Pretoria's Local prison.

- SAPA