Thatcher defence questions info
2004-10-28 12:35
Cape Town - The Cape High Court hearing of Mark Thatcher's bid to avoid answering questions from Equatorial Guinea [EG] prosecutors entered its third day on Thursday.
He is challenging the constitutionality of a subpoena authorised by Justice Minister Brigitte Mabandla on the grounds that it violates his right to silence in the face of his own prosecution under South Africa's anti-mercenary legislation.
State advocate Michael Donen was again questioned on Thursday by Judge Deon van Zyl on the fact that a key extract of evidence by alleged coup plotter Nick du Toit had been missing from the documents on which Mabandla made her decision.
In the extract, Du Toit, who is on trial in Malabo in EG, says he met Thatcher only once, to discuss the purchase of helicopters for Sudan.
Van Zyl said the extract did not appear to link Thatcher to the EG coup bid.
"To what extent should it have played a role in the request for assistance or approval by the [South African] government?" he said. "I find it very strange."
Donen is expected to finish his argument by lunch on Thursday, and Thatcher's senior counsel, Peter Hodes will reply after lunch.
Van Zyl and his colleagues on the Bench, Essa Moosa and Daniel Dlodlo, are likely to reserve judgment.
- SAPA