/ 19 May 2003

Boeremag: defence seeks postponement

Several defence lawyers in the Boeremag treason trial have asked for proceedings to be postponed so that the legal aid of their clients could be sorted out.

They contended in the Pretoria High Court that the Legal Aid Board had either been dragging its feet or making strange decisions in the matter. A major point of contention was a decision by the board to grant to some of the accused aid but to deprive them of the opportunity to choose their own counsel.

Henri Taljaard, counsel for Adriaan Jacobus van Wyk, told the court: ”My client don’t want another lawyer, and the board has never explained my position to me.”

Time was needed to sort out the matter. Piet Pistorius said on behalf of 13 of the accused that some of his clients’ money for legal expenses would run out in about six months.

The board had told him it would consider aid when this point was reached, adding that new counsel would then be appointed for his clients.

”This is absurd,” Pistorius said.

Defence counsel Harry Prinsloo and Louiza van der Walt also asked for a postponement to clear up legal aid matters. Twenty-two alleged members of the right-wing Boeremag organisation have been charged with plotting to overthrow the

African National Congress-led government and proclaim a Boer republic.

The trial got underway in a packed courtroom shortly after 10am on Monday, more than a year after the first men were arrested in connection with the alleged coup plans.

The State has over 600 witness statements and 369 witnesses. Judge Eben Jordaan is presiding in the trial that is taking place in the recently re-opened Palace of Justice on Church Square.

The 22 allegedly intended killing all blacks and Indians, or chasing them out of the country.A count of murder and one of attempted murder is also listed.

The rest of the 43 charges relate to contraventions of legislation governing the possession and use of explosives, arms and ammunition. Nineteen of the accused applied for assistance from the Legal Aid Board. Twelve of them later withdrew their applications. The remaining seven were all granted legal aid, the Legal Aid Board said on Friday.

It added in a statement: ”A legal team lad by staff from the high court unit of the Pretoria Justice Centre has been appointed for this case.”

Taljaard said he had been preparing for the case for six months, and had built up a relationship of trust with his client. To bring in another lawyer at this stage to represent Van Wyk would be unacceptable, Taljaard said.

Pistorius said the accused who had sought aid had done everything in their power to do so timely. ”Any delay now would not be the fault of the defence,” Pistorius

said.

The hearing continues. – Sapa