Boeremag legal-aid row simmers

2004-05-03 17:07

Johannesburg - Twelve of the Boeremag treason-trial accused appeared in Pretoria High Court "under protest" on Monday and demanded that Judge Eben Jordaan investigate the Legal Aid Board's latest demand that they re-apply for aid.

Counsel Piet Pistorius told Jordaan his clients had the perception the board was being used as "an extension of the prosecution" and that they were being deliberately discriminated against and victimised.

He said the board had recognised his clients were entitled to legal aid - yet now demanded new applications.

If anything, he said, his clients' situation had deteriorated since last year, when they first applied and were granted aid.

"It doesn't take a blind or mentally challenged person to see that the Legal Aid Board (LAB) is busy with a vendetta against our clients.

"In the past, the board has taken up to three months to make a decision.

Advocate was victimised, claims accused

"Neither I, nor my attorney (Paul Kruger) can afford to remain in court and then our clients will be on their own.

"Whatever the LAB's reasoning is, it must be investigated.

"It is apt that Mr Pieter Brits (head of the LAB) must come and explain their point of view to the court," he said.

Another accused, Tom Vorster, complained on Monday again about the withdrawal of his previous advocate, Rudi Lubbe, from the trial after almost a year.

He said although Lubbe had indicated he was withdrawing for personal reasons, he was convinced the prosecution's "dirty tricks" had driven the advocate into such a state of stress and illness that he had been forced to withdraw.

He said a petrol bomb had been thrown at Lubbe's office, his office had been broken into twice, his laptop stolen from his home, pipes and walls had inexplicably burst or collapsed at his home, a spare part of his car had inexplicably "exploded", he was followed by unidentified persons and he had received anonymous calls in the middle of the night.

"The campaign against him just became too much. He became ill, went deaf in one ear and developed a life-threatening tumour."

Wonders if he will get a fair trial

Vorster claimed he could never consult with his counsel privately without a correctional services official being present and that they insisted on reading privileged documents.

"The accused and their counsel are being regarded as villains and enemies of the state. I wonder how I can ever get a fair trial," said an upset Vorster.

Jordaan asked for Brits to be in court on Tuesday.

Meanwhile cross-examination of the first State witness, Johan "JC" Smit was concluded on Monday morning.

Smit started testifying on October 29 last year, but the trial faced numerous delays because of legal disputes, resulting in the last advocate only finishing with his cross-examination on Monday.

- SAPA