Boeremag: Recusal decision

2003-08-17 16:17

Pretoria - Judgment is expected to be handed down in the Pretoria High Court on Monday following an application by 17 of the 22 Boeremag treason trialists for the recusal of chief prosecutor Paul Fick, SC.

The matter was postponed last Wednesday for Judge Eben Jordaan to consider all the facts.

The applicants questioned Fick's integrity, accused him of trying to curtail their right to freely consult their legal counsel, and expressed fears that he would not conduct an objective trial.

The 22 men stand accused of planning to overthrow the government as members of the rightwing Boeremag organisation, with the aim of declaring a Boer republic.

They face 42 charges, including high treason, terrorism, sabotage, murder, and several firearms and explosives violation charges.

The matter of Fick's recusal was the second in limine or pre-trial application brought by the defence.

Jordaan last Tuesday dismissed the first - a special plea entered by 13 of the men that the court had no jurisdiction over them.

Some of the accused were expected to bring yet another in limine application regarding the contents of the charge sheet following Monday's judgment.

Only then could the actual trial get underway.

- SAPA