Basson: State's case fictional

2003-08-10 21:58

Philip de Bruin

Johannesburg - The state cannot use fictional constitutional issues to take a third shot at getting Dr Wouter Basson behind bars.

This was the crux of the argument Basson, former head of the defence force's project Coast, offered in an affidavit to the Constitutional Court on Friday.

Basson's affidavit comes after senior director of the National Prosecuting Authority, Anton Ackerman, applied to the Constitutional Court two weeks ago for leave to appeal an earlier decision by the Appeal Court not to allow Basson to be retried.

Judge Willie Hartzenberg acquitted Basson on several charges, related to his work for the defence force, in the Pretoria High Court earlier.

The state's appeal for a retrial is based on an argument that Hartzenberg was biased against the state.

Hartzenberg refused to recuse himself when the state asked him to withdraw from the case.

In his statement of 129 pages to the Constitutional Court, Basson argues that the state's application for appeal should be turned down, because the country's constitution demands that the Constitutional Court only deal with constitutional matters.

In its appeal application, the state did not prove that the Appeal Court made its decision on constitutional grounds and therefore there was no reason the state should get another opportunity before the Constitutional Court, Basson claims.

He says the Appeal Court found that Hartzenberg's refusal to recuse himself was based on facts and that the Appeal Court considered the same issue on factual merit.

He concludes by saying that "this case is of grave importance to me. I argue that there is a reasonable chance that my opposition against the state's appeal application will be successful."

- Beeld