/ 6 May 2002

High drama as Harksen tries to get bail

GERMAN fugitive Jurgen Harksen’s bail application in the Cape Town

Magistrate’s Court halted abruptly on Saturday, after a night of drama in

which the defence team had to obtain a Cape High Court order for access to

him in the Goodwood prison.

Saturday’s proceedings before Magistrate Ingrid Freitag were to have started

at 10am, but were delayed when the vehicle transporting Harksen from the

prison broke down.

When the hearing finally resumed, the new defence team, advocate Koos Louw

and attorney Zirk Mackay, said they would approach the Cape High Court next

week about the magistrate’s refusal last Friday to order the appointment of

a new prosecutor, to replace Jasper Tredeaux.

Because Tredeaux is only available on Thursdays and Fridays, the defence

wants him replaced by someone who is readily available.

Freitag said the appointment of a new prosecutor would delay the hearing

even more, as he or she would need time to study the court record.

The defence fears that the bail application may not be finalised by the time

Harksen’s extradition appeal is heard by the Cape high court on May 24.

Louw told the court the defence team, together with Harksen’s wife, finally

got access to Harksen in prison on Friday night, after an urgent application

before Judge John Foxcroft, in

chambers.

He said the approach to the High Court meant a further waste of time, and

that the atmosphere at the prison wasn’t conducive to an adequate

consultation.

At Louw’s request, the proceedings were postponed to May 10. Tredeaux said

he had no objection to the postponement, but that he may have to contend

later that Harksen was abusing the justice process, ”for motives that are

not yet clear”. – Sapa