Boeremag trial resumes

2003-06-17 09:17

Pretoria - Nearly a month after it was first to have started, the trial of 22 alleged Boeremag members is to resume in the Pretoria High Court on Tuesday with no clarity yet on outstanding issues regarding legal aid.

Legal Aid Board spokeswoman Kathy Magrobi said the issue would be finalised in court on Tuesday.

She would not reveal the outcome of a week of talks to resolve disagreements between the defence and the board, saying only agreement had been reached in "certain instances".

"In other cases, the lawyers for the defence will announce tomorrow whether they accept our offer or not."

The matter has been postponed three times before due to wrangling over legal aid.

At their last appearance on June 9, lawyers for the alleged rightwingers accused the board of incompetence and unreasonableness.

They charged the board with making ill-informed decisions, committing factual errors and negotiating in bad faith.

The board at the time announced its decision to appoint an in-house representative for two of the accused, and four independent counsel to represent five more. The applications of 12 others were turned down, while one was not yet finalised.

All those who applied for legal aid insisted on retaining their current legal counsel - most of whom had already put in months of work.

Judge Eben Jordaan last week said it was inexplicable and unacceptable that the parties had not yet come to an understanding, and postponed the matter for a week for further talks. The trial was to have started on May 19.

The 22 men have been charged with plotting to overthrow the government with the aim of proclaiming a Boer republic.

They face a main charge of high treason and four alternative counts each of terrorism and sabotage.

One count each of murder and attempted murder, and an alternative charge of conspiracy to murder are also listed. The rest of the 43 charges relate to the illegal possession, manufacture and use of explosives, arms and ammunition.

In a statement earlier in the day, the Legal Aid Board said it had done everything in its power to accommodate the men.

"....despite its frustrations, it has done everything in its powers to accommodate the needs of the accused in terms of its legislative mandate," the board said in a statement.

"The trial has been delayed three times as various representatives of the accused have rejected the assistance offered to their clients by the Legal Aid Board."

Magrobi said the board had provided clarity where it was requested and it has explained in detail its budget restrictions and the confines of its constitutional mandate.

"We believe that justice will be best served by the trialists accepting our offers of legal aid."

- SAPA