The Constitutional Court on Tuesday reserved judgment in jailed clergyman Allan Boesak’s application for leave to appeal against a Supreme Court of Appeal ruling. Boesak was imprisoned for three years in May after being convicted on charges of fraud and theft. His lawyers argued at the Constitutional Court that the Appeal Court breached the Constitution when it took into account his failure to testify at his trial. This, Boesak claims, violated his right to be presumed innocent and remain silent. The state opposed Boesak’s application for leave to appeal on the grounds that the Appeal Court had fully canvassed the matter and disposed of it. Boesak is being held at the Malmesbury Prison in the Western Cape. The Department of Correctional Services intends bringing a High Court Application to amend his sentence to correctional supervision and release him from prison.