Boeremag trial faces new hurdle
2004-04-19 20:13
Pretoria - The Boeremag treason trial may face yet a further legal hurdle when one of the accused applies for the withdrawal of the whole prosecuting team later this week.
Tom Vorster, the alleged military commander of the Boeremag, on Monday told Judge Eben Jordaan he intended applying for the withdrawal of chief prosecutor Paul Fick and his whole team.
He claimed Fick had attacked his integrity by falsely accusing him of lying.
"It may sound like a joke, but I am deadly serious," he said.
Vorster, who said he also intended bringing an application for a declaration of his rights, launched a lengthy diatribe about his treatment in jail.
He claimed the correctional services department ignored his rights and discriminated against him.
Among his complaints was that his wife was not allowed to visit him during a weekend, that correctional services refused to provide him with a copy of the rules and regulations for awaiting-trial prisoners, that his numerous complaints were "thrown in file 13" (ignored), and that he was not receiving adequate medical treatment.
'Humiliated' by leg-irons
Vorster took the court by surprise when he climbed across several benches and directly approached the judge so that he could show his wounds to him.
He said there was a danger of infection in prison, yet his open wounds, from a "small operation", were not adequately treated to prevent infection.
Vorster also complained bitterly about his humiliation at being transported in leg-irons when he was taken to doctors' consulting rooms and he complained the prison refused to help him get his newspaper every day.
He was adamant he would act for himself until he had found a competent-enough senior advocate to represent him - this while the Legal Aid Board had already appointed an advocate to represent him after his previous representative withdrew.
"You've said that only a fool defends himself. But I would be a fool if I sit back and do nothing to enforce my rights.
"I've been ruined financially and my rights are being violated daily, but no one is interested in helping me except me," he told the judge.
Board must pay for typed court record
Jordaan ordered State attorney Jan Nel to be in court on Tuesday to consult with Vorster and his advocate in an attempt to solve his problems.
He further ordered that a representative of the Legal Aid Board be in court to attend to complaints by another accused, Adriaan van Wyk, that he could not appeal against being refused bail unless the board paid for the typed record.
Cross-examination of the first State witness, police spy J C Smit, finally resumed after a delay of several hours.
The trial continues.
- SAPA