Metro FM pains Boeremag men

2003-08-18 18:13

Pretoria - Some of the Boeremag treason trialists complained on Monday of suffering psychological breakdowns due to being forced to listen to "black" music in prison for 15 hours a day.

One had contemplated suicide and another was refusing to stand trial until the problem had been solved, the Pretoria High Court heard.

Legal counsel for several of the trialists complained that their clients were being subjected to "psychological torture" in Pretoria's C-Max Prison, where the radio station Metro FM was played from 06:00 to 21:00 each day.

"We have men sitting here in tears and who are busy cracking," said Rudi Lubbe for Tom Vorster.

Attorney Paul Kruger said the sound system in the prison was being used as "an instrument of torture".

"The music resounds through the halls all day. Some of my clients have suffered breakdowns, which affect their ability to stand trial."

Advocate Piet Pistorius described this as intimidation and victimisation, and asked Judge Eben Jordaan to intervene.

One of his clients had reached breaking point, and had talked about suicide, he told the court.

Lubbe indicated that Vorster would refuse to stand trial until such time as his "physical and mental torture" in prison had stopped.

Thirteen of the 22 accused are being held in C-Max. Their legal representatives said repeated pleas to authorities had fallen on deaf ears.

Jordaan indicated that he could not make a ruling without hearing both sides of the story. If the situation did not improve, the correct thing would be for the men to approach a judge in a civil court.

He did, however, threaten prison management with an order holding them personally responsible for the costs should the men be left with no choice but to approach a court for relief.

The matter was adjourned to Tuesday for the sound system in the court to be beefed up after the accused, legal counsel and the judge complained they could not hear each other.

No plea explanation

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.

Fifteen of them have refused to plead to the charges, and had the court enter a not guilty plea on their behalf. Seven pleaded not guilty.

All opted on Monday to exercise their right to remain silent and not enter a plea explanation.

Recusal

Jordaan earlier dismissed an application by 17 of the accused for the recusal of chief prosecutor Paul Fick.

He said he was not convinced that Fick would fail to conduct an objective trial. Mere anxiety on the applicants' part was not sufficient grounds for a recusal.

It would be highly unlikely for an accused in any criminal trial not to think the prosecutor was biased.

In the end, the duty of ensuring a fair trial was that of the presiding judge, and he was committed to doing just that, Jordaan said.

The 17 last week 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.

Suspicious-looking vehicle

The hearing was delayed for over an hour on Monday morning when police searched a suspicious-looking vehicle parked in Palace Street outside the court.

It turned out to belong to a police detective who had been late for a court case and decided to park in the restricted area. Church Square and its access streets are closed for traffic during the Boeremag trial.

In the morning, acting judge Piet van der Byl dismissed a bail application by one of the trialists, Dirk Jacobus Hanekom.

The court was expected next to hear an application for a revision of the charge sheet.

Only then can the trial get underway.

- SAPA