Judgement is expected in the near future in an application by the National Director of Public Prosecutions for leave to appeal against the acquittal of apartheid chemical and biological warfare expert Wouter Basson.
In its application before the Supreme Court of Appeal in Bloemfontein, the State accused trial judge Willie Hartzenberg of ”bias” and ”judgement in advance” when he acquitted Basson earlier this year.
The State’s argument for leave to appeal was largely based on the assertion that Hartzenberg was biased. The judge also refused to recuse himself early on in the trial in February 2000.
According to the application before the appeals court, Hartzenberg’s judgement indicated ”a total lack of interest in the State’s evidence”. It said Hartzenberg ”simply ignored cardinal state evidence” and made ”conspicuous errors” regarding factual issues in favour of the chemical warfare expert.
It also accused Hartzenberg of ”unfounded speculations” and ”judicial errors” in favour of Basson, as well as an ”antagonistic approach” toward the prosecution in the case.
In the bulky application, existing of several volumes, the State said it was difficult to explain over a few hundred pages the ”blatant injustice” that occurred.
The application for leave to appeal was submitted on November 21.
Basson was acquitted by Hartzenberg on a string of charges in the Pretoria High Court in April. Basson headed apartheid South Africa’s 1980s germ warfare program, dubbed Project Coast, which targeted enemies of apartheid. – Sapa