Cape Town | Tuesday
THE elite Scorpions investigating unit’s decision to secretly film and record the trial of Pagad members charged with the murder of gang boss Rashaad Staggie was ”unheard of”, lawyers said on Tuesday.
The devices were installed in the court with the permission of Cape Town Judge President John Hlophe.
Two secret video cameras and a listening device have been installed in the Cape High Court room where People Against Gangsterism and Drugs (Pagad) national coordinator Abdus Salaam Ebrahim, the organisation’s past and present security chiefs Nadthmie Edries and Salie Abader, former spiritual leader Abdur Razaak Ebrahim and member Moegsien Mohamed are on trial.
The men have pleaded not guilty to charges of public violence, attempted murder and murder, as well as to alternative charges of inciting violence and inciting murder.
At the start of the trial the men’s lawyers said it would be central to their case that there was never any intention to commit a crime on the part of any member of the march on the day of the incident.
On August 4, 1996, after a meeting at the Gatesville mosque, hundreds of Pagad supporters went to Staggie’s London Road home, a known drug outlet.
Pagad members have alleged they came under fire from people in the house. In the ensuing uproar, Staggie arrived, was pulled out of his bakkie, shot, beaten and set on fire.
Senior Cape Town lawyers on Monday said it was ”unheard of to install secret video cameras and a listening device.”
They claimed that it was certainly unconstitutional not to tell the defence advocates about it.
They also said that the Scorpions would be entitled to be silent about recording events in the court room if they could prove that it was done for state security reasons.
The drama started on Monday when it emerged during the testimony of a state witness, who may not be named by order of court, that the prosecuting team had accidentally omitted to delete the witness’ current address on his witness statement. As this is the address of a safe house and a sensitive question, State advocate Piet Steyn and defence advocate Paul Eia then went to see Judge John Foxcroft about it.
On his way to Foxcroft’s chambers Eia spotted an open door to a room containing a video monitor showing Court Room Two, where the Staggie trial is held.
An investigation was launched and it was discovered that at least two cameras had clandestinely been placed in the elaborately carved wooden coat-of-arms above the judicial bench in front of the court.
Court proceedings were halted for an urgent meeting with Hlophe, Deputy Judge President Jeanette Traverso and the chairman of the Cape Bar council, Nick Treurnicht.
After the meeting it emerged that a listening device had also been placed in the court in an undisclosed position.
Eia and the other two defence counsel William King and Patrick Arendse, vehemently objected to this as they had not been informed about it.
”We are not aware how much footage has been taken. We are concerned that the holding cells may be bugged as well,” Eia said.
Jannie van Vuuren, senior counsel for the State, said the cameras focused only on the public gallery.
”The reason for the installation of the cameras was that there has been unruly behaviour on the gallery at times,” Van Vuuren said.
Threats against witnesses were often uttered after the judge had left the court. He said that the video recording would obviate the need for state advocates hearing such threats to give evidence.
It seems that an official had been tasked with turning on the cameras and recording device in the morning, switching tapes over lunch and collecting the tapes at the end of the day.
Judge Foxcroft said that advocate Tommie Prins, currently the head of the Western Cape Scorpions unit, told him that Hlophe had given his permission for the devices to be installed. He said was told that the cameras would focus on the gallery.
”I reasoned that it was closed circuit television and that it would be to nobody’s detriment.”
”But why were we not informed?” King asked the court.
”I am not in control,” Foxcroft answered. ”I thought they told you.”
The case has been adjourned until Wednesday when the defence team will give its response to the turn of events. -Sapa