Marianne Merten
The chance discovery of two hidden cameras and a listening device in the Cape High Court has again put the spotlight on the state’s conduct in prosecuting five high-profile members of People against Gangsterism and Drugs (Pagad) for the 1996 murder of Cape gang boss Rashaad Staggie.
Only three months ago state prosecutor Willie Viljoen was removed from the case for his actions in obtaining, through a London court, video footage by two international broadcasters of Staggie’s lynching. His conduct, and that of Deputy National Director of Public Prosecutions Jan D’Oliveria, was ruled unconstitutional by Cape Deputy Judge President Jeanette Traverso and Judge Dennis Davis.
Presiding Judge John Foxcroft, who described the installation of hidden monitoring equpment as a first, on Wednesday ordered and supervised the dismantling of a TV monitor, two video recorders, a cassette recorder, two cameras and a listening device hidden in the coat of arms above the bench.
It also emerged that state advocates failed to inform defence lawyers of the monitoring equipment. These were installed “on the night of October 11” during the court recess after Western Cape Scorpions boss Tommy Prins approached the National Intelligence Agency.
Doubt remains whether the installation was properly authorised; permission was not granted by Cape Judge President John Hlophe, his deputy or Judge Foxcroft.
“Who in this building authorised it? Somebody must have given instructions to drill through the wall. It’s not done lightly,” said Judge Foxcroft, recalling a failed six-month battle with the public works department to remove a piece of wood in another court. “I know I didn’t authorise it.”
Defence lawyers are now asking for a mistrial because “the sanctity and integrity of this court has been violated” and fears that privileged consultations with their clients and legal strategy discussions were recorded.
State advocate Jan van Vuuren told the court the cameras were installed because of intimidation from the public gallery, directed at witnesses and occasionally at himself.
However, as only 20 tapes were available, some had been re-used over the five days the monitoring equipment was in operation.
The Mail & Guardian is proud to announce the winners of its Student Journalist of the Year Award 2001. Entries were judged by Howard Barrell, editor of the M&G, Hugh Lewin, former director of the Institute for the Advancement of Journalism, and Chris McGreal, Africa correspondent of The Guardian. Taking first place is Pierre du Bois from the University of Stellenbosch, followed by fellow student Anl Powell. Catherine Duncan from the University of the Witwatersrand took third place and Nonhlanhla Msimang, who is studying at the University of Zululand, came fourth. Congratulations to all the winners. Your prizes will be on their way to you in the near future. Thank you to all the universities and technikons who entered the competition we look forward to your entries next year.