Boeremag: Meyer won't testify
2003-07-30 12:56
Pretoria - Former constitutional development minister Roelf Meyer will not have to testify for the defence when the Boeremag treason trial resumes next Monday.
Boeremag defence lawyer Paul Kruger said on Wednesday he would withdraw a witness subpoena later in the day which was served on Meyer last week.
This follows a Pretoria High Court ruling on Tuesday by Transvaal Judge President Bernard Ngoepe, upholding an application by former president FW de Klerk to set aside a similar subpoena issued for his testimony.
Ngoepe described the De Klerk subpoena as an abuse of the court process and "bad in law".
Based on the ruling, Kruger said he expected Meyer to win should he decide also to contest the subpoena in court.
Kruger said he contacted Meyer's lawyers on Wednesday to request that he testifies willingly. They declined.
Kruger said he would ask trial judge Eben Jordaan next week to himself call De Klerk and Meyer as witnesses for the court, rather than for the defence.
He was of the opinion that the two men could give evidence that would assist the court make its ruling on a special plea entered by 13 of the Boeremag accused - contesting the court's jurisdiction over them.
The defence wanted to question the two men on constitutional developments between 1989 and 1994 - which they claim led to the creation of an illegitimate constitution and government.
If Jordaan refused his request, Kruger said he would have no choice but to refer to statements made by De Klerk and Meyer and attaching his own interpretations to them. These could then not be contested by the State as there would be no evidence before court, he said.
The trialists who entered the special plea are among 22 alleged members of the rightwing Boeremag organisation standing trial in the Pretoria High Court on 42 charges, including high treason, terrorism, sabotage, murder, and several firearms and explosives violations.
The State alleges they plotted to overthrow the government.
- SAPA