Boeremag lawyers want big bucks

2004-03-09 16:38

Pretoria - It was up to the conscience of two Boeremag treason trial defence representatives if they contributed to legal aid by working for less money, but they were not entitled to more than the maximum fees, a judge said on Tuesday.

Judge Ben du Plessis dismissed an application by Piet Pistorius and Paul Kruger - who represent 12 of the accused - to set aside a number of decisions by the Legal Aid Board, including decisions not to pay them more than the maximum fee of R2 375 per day and only for work actually done.

Pistorius demanded R6 000 per day, plus R600 per hour for preparation, while Kruger wanted R4 000 per day and R400 per hour for preparation. Both of them claimed they were entitled to enlarged fees as they represented more than one accused.

The accused initially paid the two out of their own pockets, but applied for legal aid in April last year after their funds ran out. They claimed they would not have a fair trial if they did not have the legal representatives of their choice.

Du Plessis said the fact that the board was prepared to pay the maximum trial day fee showed that it had regarded circumstances of the accused as very exceptional.

"If an accused can afford it, he or she is entitled to a legal representative of their choice.

"If it is not affordable, then they have a lesser right to be provided with a legal representative at the state's cost, but not with one of their choice."

The treason trial resumes on March 19.

- SAPA