Boeremag: 3 in new bail bid
2003-09-10 16:42
Pretoria - Three of the 22 Boeremag treason trialists have urged Pretoria High Court to free them on bail, claiming their constitutional rights are being violated by their continued imprisonment.
Their right to a speedy trial was being trampled on by the State's "procrastination" in the case, claimed brothers Mike and André du Toit and Jacobus "Rooikoos" du Plessis contended on Wednesday.
"Releasing them on bail will be in the interests of justice," said their advocate, Louiza van der Walt.
She was arguing in an appeal by the three men against the refusal in April of a second bail application they brought in Pretoria regional court.
That application was based on new facts after their first bail bid had been turned down.
The men were arrested on April 5 last year. They are standing trial with 19 others on 43 charges related to an alleged plot to overthrow the government.
The charges include treason, terrorism, murder, attempted murder and an array of arms, ammunition and explosives contraventions.
Case was moved to High Court
Van der Walt contended that her clients already were in custody when 33 of the crimes listed on the charge sheet were committed from September last year.
There was no indication they had any knowledge of the crimes or that they had associated themselves with them.
Initially, the three were to have been tried on charges of terrorism and sabotage in the regional court.
Two days before the trial was to have started on August 14 last year, they were informed the matter has been moved to the High Court on new charges with a number of co-accused.
Van der Walt accused the State of dragging its feet, and questioned why her clients' co-accused were arrested only last August when their identities had been known to the police since the previous October.
She claimed there was no evidence in the docket linking her clients to the Boeremag or its activities.
Their right to privacy was being curtailed in prison, and they were unable to properly prepare for trial, said Van der Walt.
Among other things, she claimed investigators seized their defence - a privileged document - from their cell.
In addition, Mike du Toit was suffering from a liver ailment which was aggravated by prison life.
The court ought to take into account that her clients had already been in jail for more than a year, and the trial was expected to last for up to three more years.
Liver condition being cared for in jail
There was no evidence the men would commit crimes if they were freed on bail, or that they would flee or interfere with witnesses.
Prosecutor Dries van Rensburg said Van der Walt's arguments were not relevant to bail.
The State feared that if they were freed, the men would rejoin the Boeremag and its criminal activities.
The three men were alleged to have been leading members of the organisation, he said.
They allegedly were involved in recruitment, planning and instigation which would have culminated in a coup d'etat.
Regarding Mike du Toit's condition, Van Rensburg said he was adequately cared for in jail.
Acting judge Lyzette Meyer is to give judgment on Friday.
- SAPA