Prosecution 'creating atmosphere'
2003-08-13 14:13
Pretoria - The prosecution in the Boeremag treason trial was accused by the defence on Wednesday of trying to create an impression of danger around the 22 men in the dock.
This was being done by means of "bogeyman" stories and vague references in court to security concerns, Piet Pistorius, for 13 of the men, told Judge Eben Jordaan.
Foot and hand shackles and motorcades rushing through the streets of Pretoria with blaring sirens, added to the "atmosphere" being created, he said.
For the State, Dries van Rensburg denied suggestions by Pistorius that the prosecution would withhold evidence from the defence, and accused him in return of also trying to create a certain atmosphere.
The matter was postponed to next Monday for Judge Eben Jordaan to prepare judgment in an application by 17 of the 22 defendants for the recusal of chief prosecutor Paul Fick, SC.
The men 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.
Pistorius cited an urgent application brought by the trialists in April to be held in the same prison to simplify consultation with their lawyers.
He accused Fick of vindictively opposing that application and of lying in a sworn statement. Based on that, his clients feared that Fick would not fulfil his duty as prosecutor to disclose evidence that was beneficial to the accused.
"Authoritarian"
"It all boils down to the right to an objective, impartial trial," Pistorius argued. He described Fick's prosecution style as "authoritarian".
Jordaan said Pistorius could give his clients an assurance that he would ensure the trial was fair. The judge said it irked him to have to postpone the matter yet again, as he wanted the trial to get underway as soon as possible. But he needed time to consider all the facts before him in the interests of justice.
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 violations.
One of the trialists, Dirk Jacobus Hanekom, is to bring a bail application to the Pretoria High Court on Friday.
The matter of Fick's recusal was the second pre-trial application brought by the defence.
On Tuesday, Jordaan 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 pre-trial application regarding the contents of the charge sheet.
Only then can the actual trial get underway.
- SAPA