It seemed unlikely on Friday that the Pretoria High Court treason trial of 22 alleged members of the rightwing Boeremag organisation would get underway on Monday.
Instead, the defence were preparing themselves to bring an application for an order compelling the Legal Aid Board to grant their clients unconditional assistance.
Attorney Paul Kruger, who represents 13 of the men, said the board had refused to appoint the current legal representatives of seven of the accused who had been granted legal aid.
It insisted on appointing its own representatives.
”The board has completely ignored the directive given by the judge (Eben Jordaan) on Monday,” he said.
The judge said that while it was understandable that legal aid clients were not entitled to choose their own lawyers, the board should consider the amount of work already put in by the present legal teams.
Many had been working on the case for months, and it might be to the board’s advantage to retain their services for the duration of the trial, Jordaan said.
”They (the board) said they would only appoint the current lawyers if they were forced to do so by a court order,” Kruger said.
Legal counsel for the seven accused granted legal aid would therefore bring an application for such an order on Monday.
The application would be supported by the other teams, most of whom would also be in need of legal aid at a later stage when their clients’ money ran out, Kruger said.
Directing the parties to negotiate in good faith, Jordaan also urged the present legal teams on Monday to accept the board’s cash flow was limited and to settle for whatever fee it was able to pay.
According to Kruger, the teams were open to negotiations on a reduced fee, but the board refused nevertheless.
Board spokesperson Kathy Magrobi declined to comment, saying a statement would be issued on Monday.
Prosecutor Paul Fick said he had not yet received any word from the board by Friday afternoon.
The latest developments would probably mean another delay in the trial.
The accused have indicated they would be unwilling to accept any Legal Aid Board appointees to represent them.
The 22 men have been charged with plotting to overthrow the government with the aim of proclaiming a Boer republic. Their plans allegedly also involved killing all blacks and Indians, or chasing them out of the country.
The first men linked to the alleged coup plot were arrested more than a year ago.
They face a main charge of high treason, and four alternative counts each of terrorism and sabotage.
One count each of murder and attempted murder, and an alternative charge of conspiracy to murder are also listed. The rest of the 43 charges relate to the illegal possession, manufacture and use of explosives, arms and ammunition.
The trial is expected to last for more than three years. – Sapa