The local Director of Public Prosecutions is to consider steps against the Cape Argus following a ”disturbingly misleading” front page report last Thursday concerning semen found in the Dolphin Beach apartment of former first lady Marike de Klerk.
It is understood that the semen belonged to De Klerk’s son Willem.
Cape director for public prosecutions Frank Kahn confirmed to Sapa that he had confronted Cape Argus High Court reporter Estelle Ellis about the report.
When the hearing resumed on Monday senior state prosecutor Tessa Heunis, who is leading the prosecution in the De Klerk murder trial, told Cape judge president John Hlophe that steps against the Cape Argus would be considered at the conclusion of the trial when all the evidence had been led.
Luyanda Mboniswa, a former security guard, has pleaded not guilty to charges of murder, rape and housebreaking. She said steps would be taken either via the court itself or through another forum.
Heunis singled out the Cape Argus as the exception, and said the other media were to be praised for their responsible reporting of the case.
She said the Cape Argus’s report last Thursday was filled with inaccuracies and was potentially damaging to the judicial process in the trial.
Ellis was absent while Heunis addressed the court.
The full statement reads: ”Last Wednesday morning the defence brought an application which had been served on the state the previous evening.
”The application was for inter alia some 90 exhibits including the fingerprints of nearly 30 people taken for elimination purposes and who have been found by the police to have had no irregular or suspicious connection with the crime scene.
”The state needed time to consider the legal logistical questions raised by the defence application, and also to discuss these with outside counsel.
”By last Wednesday evening the state had decided that the interests of justice would be best served by giving the defence all the exhibits requested.
”This was also in line with the state’s attitude consistently throughout the trial not to refuse the defence any exhibits or documents whatsoever.
”This decision was discussed with outside counsel at 8.30am on Thursday and was later that morning approved by Frank Kahn.
”The state anger was raised on Thursday afternoon when it discovered that an article by Estelle Ellis in the Cape Argus on September 12 printed the very opposite of what had been decided.
”The report was disturbingly misleading and filled with inaccuracies which were potentially damaging to the judicial process in the trial.
”The state has attempted to have the matter rectified.
”Indeed, the state was regrettably forced to go public at an inopportune time to try to minimise the damage caused by the article.
”There were also issues raised by the article which had been the subject of (private) candid and frank discussions between the state and the defence team.
”The state has decided not to trouble the court with the article at this stage.
”It will, however, if necessary, take the matter up further, either with this court or through another forum, once all the evidence in the trial has been led.
”At that stage the court or any other body will be in a better position to evaluate the situation.
”The state is of the opinion that the media generally, with the exception of the Cape Argus, have behaved in an exemplary fashion and reported responsibly and accurately throughout.
”I understand that they are also aggrieved by the article.
”The state stresses that any difficulties between it and the defence in relation to exhibits have been due to problems relating to delivery or communication, and never because of any desire by the state to refuse the defence the exhibits.” – Sapa