The re-arrest of terror suspect James Kilgore was nothing other than an abuse of power by South African officials, a Wynberg magistrate was told on Friday afternoon.
Kilgore is applying for bail on fraud and immigration charges related to his entry to South Africa allegedly under a false name.
Earlier on Friday, another magistrate ordered he be freed after the State failed in its bid to keep him in custody pending an application from US authorities for his extradition.
Kilgore signed out from the Wynberg holding cells and was on his way out of the building when he was re-arrested on the new charges.
His advocate Anton Katz told the bail magistrate George Claasen that the re-arrest was ”nothing other an abuse of power” by South African officials.
”If your worship bows to this kind of abuse… none of us, citizens, aliens, anybody, has the protection the Constitution allows us.”
It would be highly inappropriate and against the interest of justice to keep Kilgore in custody, he said.
Prosecutor Anthony Stephen denied the re-arrest was abuse and said that the new charges were ”very serious”.
He said Kilgore faced charges under immigration legislation and of fraud. The fraud related to false statements on his application for permanent residence.
”There were a number of falsehoods that he uttered, beginning of course with his name.”
Kilgore was known in South Africa as John Pape. Stephen said he wanted the bail application postponed to next week on the basis that it was a complicated matter and that he had still to examine information faxed this morning from a California district attorney.
Claasen adjourned proceedings to consider his judgement. – Sapa