Boeremag bid to scrap convictions hits snag

2013-02-06 20:09

Pretoria - An application to pave the way for a bid to have the Boeremag treason convictions set aside hit a snag in the North Gautneg High Court in Pretoria on Wednesday.

The prosecution objected to the defence presenting hearsay evidence.

After hours of consultation, retired Crime Intelligence officer Deon Loots took the stand just before lunch, but Judge Eben Jordaan shortly thereafter postponed matters to Thursday.

This was so that counsel for the accused and the State could sort out which part of Loots' evidence would be placed in dispute.

Prosecutor Dries van Rensburg said Loots' statement was riddled with hearsay and double hearsay evidence, and that the State would object to its admissibility.

He said the defence should consider recalling some State witnesses to confront them with Loots's allegations.

Loots was called as a witness in an application by the accused in terms of Section 317 of the Criminal Procedures Act, for a special entry on the court record of an irregularity.

If such an irregularity is found, on appeal, to have materially prejudiced them, their convictions could be set aside.

The application will not prevent the trial from proceeding and the accused will still have to present their case in mitigation of sentence.

Agent provocateur

Jurg Prinsloo SC, for the accused, said the trial was the first high treason trial under the ANC government, it had a high media profile and was of the utmost importance for the new constitutional dispensation under which the rule of law was recognised.

He said it was general knowledge that police informers had been used in the case.

The fact that one of these informers, JC Smit, had testified against the accused should weigh heavily in the decision about whether the evidence of the people who gave Smit his instructions was admissible, he said.

Loots joined the police in 1979 and was transferred to an undercover crime intelligence unit in 1997, when he was tasked with identifying and recruiting new informers.

He testified that he had convinced Smit to work with the police as an informer.

Loots said he was not aware of Smit working for any other intelligence agencies. At that stage, Smit worked for Iscor.

Loots was also aware of his involvement with the Afrikaner Weerstandsbeweging's guerrilla unit, known as the Ystergarde (Iron Guard), and a series of bomb explosions.

According to Loots, Smit was appointed to work within the rightwing as an informer and an "agent provocateur" (someone employed to gain people's trust then tempt them to do something illegal so that they can be arrested and punished).

Loots testified that he came from a family with strong ties to the police.

His late father was a police colonel, his older sister was also in the police and was married to a high ranking police officer, and his younger sister and wife had high ranks within the police force.

The 51-year-old Loots retired from the police on medical pension in October 2001.

The trial continues.

  • nettie.potgieter.5 - 2013-02-06 21:02

    If this is tru, then the police and intelegency departments are even more worse than we think. It is a big danger if they can plant false information and frame anybody just because they don't like what you think.

      Xenswim1 - 2013-02-06 21:35

      Too much is made of 20 Aholes who thought they could take over and run a country. It took so long to convict these guys that even I am suspicious that they were not subtly encouraged then led down the path by the government informers. The problem with this type sort of professional Impimpi is that they do not just listen and report they actively help in the planning. In short encourage. Then we have a problem of the SA law where it discounts the active participation as a necessary evil. My worry remains if the government was that controlling Factor. Why did they not stop the first of the bombs and nip the whole exercise in the bud? Why did they have to gain political weight by allowing the damage? Recall the recent arrests of so called sabateur of the Bloem conference. Are we to believe that this was hatched in seconds or with much planning? Why did the police have to wait until the conference to make these arrests? Again I cannot help thinking that this is for max political effect and that the handful of people likely talking crap over a beer are made out to be sadicious.

      nu_un_clear - 2013-02-06 22:36

      But surely these guys lawyers have gone down that path, even if you have to hire a private investigator, don't you think?

  • hein.huyser - 2013-02-06 21:25

    Trying to read this article and all I see is one huge computicket add all over my screen, and no way to remove it. For this blstant crappy way of advertising I will move all my support to I-ticket, as far as I can, and if I have to use cticket I will not go to whatever event they have rights over. Nada, ziltch.

      Bob - 2013-02-07 10:48

      Firefox browser AdBlock Plus plugin = no more ads. Hell, I don't even remember when last I saw an advert on any site!

  • willem.dehaan.94 - 2013-02-06 21:26

    So, that is interesting. The SAPS plant an agent provocateur with instructions to tempt people into doing something illegal so that the SAPS can arrest them! That is entrapment - soliciting someone to commit a crime. For that the SAPS should be charged as accessories to the crime. Dirty tricks department exposed.

      John - 2013-02-06 22:14

      Entrapment invalidates the evidence obtained from such action.

      nettie.potgieter.5 - 2013-02-06 22:17

      Kagiso yes learn and watch look what is happening to Malema. He is going to jail because he turned against Zuma. Remember it can happen to any person living in SA that does not do what the ANC want.

      steyn.nothling - 2013-02-07 02:11

      Eish, the booi again. Now give baas' computa back and mow the lawn

      buti.thekiso.5 - 2013-02-07 07:57

      How on earth de boer cld b forced fabricated evidence well I stil remember all de boers r educated clever dats their arms weapon is degree,diploma,honours,masters.dey dnt carry guns shooting n bombing innocent citizens,these black terrorists r de1 with dangerous minds n weapons n pls tell me guys

      Killbot79 - 2013-02-07 09:18

      All those names are suitable for the ANC members who bombed innocents in apartheid

  • niel.wyma - 2013-02-06 22:28

    All the racist comments on news24 are shocking. Everybody get off your high horses, stop complaining and DO SOMETHING! You're not helping anyone with your intolerance and ignorance. And to the majority of whites out there" don't believe everything you read in the media, it sells hype ans sensation mixed with very little facts and many innuendos...

  • Mohaola - 2013-02-06 23:38

    They killed so let them stay in jail we all know one of them will want to marry soon hey this guys they like it is not easy for them to live with out it

      buti.thekiso.5 - 2013-02-07 08:21


      Killbot79 - 2013-02-07 09:21

      It's amazing how the very people who vote for a terrorist organisation such as the ANC now blame Boeremag for treason.

  • anele.bungane.7 - 2013-02-06 23:48

    I still maintain, these people must be shipped back to Europe, that is where they came from in the first place. If you hate Africans, get the hell out of Africa, if you hate Indians, get out of India. If you hate the Chinese, get out of China. If you hate Koreans, get out of Korea. These people must be sent back to Holland but I doubt if they are wanted there.

      pick.afinga - 2013-02-07 00:31

      Actually they come from Africa.

      nu_un_clear - 2013-02-07 00:51

      Tell you what ,Anele, why don't you speak to this government and get them to make it as easy as possible for white people to leave?, I'm sure a lot of us will leave because of racists like you.

      Killbot79 - 2013-02-07 09:22

      Hey box, I was born here, so make me leave this country, you will be the first I take down before you cross my lawn. Racist terrorist supporter

      Bob - 2013-02-07 10:32

      Anele I understand that you're upset but the fact of the matter is that you have no more a valid claim to this country than they do.

  • janhendrik.vandeventer - 2013-02-07 00:50

    just put these idiots in jail already so they can start to do their time. They have actually become so boring and out of touch with the world in their fight against black rule and death of afrikanerdom because now they are just DOM!

  • buti.thekiso.5 - 2013-02-07 08:20

    Boeremachette or boere watwat u neva gonna make it ask oom mnr TERRIBLE'Lunch he also had terrible supper,de police r waisting tym n state money dey shldve jst cal anada oom mnr MARK SCOTT CROSSLEY he knws best.Bt I knw very soon MARK he's going 2 mesd up he's not SCOTT free as his naam dats wat de boer always dey mesd up he wil b back @jail

      Killbot79 - 2013-02-07 09:23

      Seems that terrorism does pay, isn't the ANC running the country? Point made.

      John - 2013-02-07 10:31

      Please get help from someone who can write in english. You come across as a viscious racist.

  • pages:
  • 1