Wrangling over legal aid delayed the Pretoria High Court treason trial of 22 alleged Boeremag members on Monday to June 9.
Judge Eben Jordaan granted a postponement after the Legal Aid Board undertook to reconsider applications for assistance from the accused.
Seven of the men were granted legal aid, but objected to being given only one legal representative appointed by the board. They claimed they had clashing interests, and could not be adequately represented by a single lawyer.
Of the other 15, all but one have said they would run out of funds for their defence within months, and would also require legal aid.
All have insisted on retaining the services of their current lawyers, and want the board to pay them. The board has refused up to now.
Board representative Roland Sutherland, SC, told the court the decision would be reconsidered.
The accused and their legal representatives would have an opportunity to make written representations on any issues they wished to be taken into account.
Sutherland said the board’s previous ruling was based on information available at the time. The decision to reconsider was taken in the light of new facts.
Jordaan said the board’s actions to date appeared unreasonable, but said he was pleased the matter now seemed to be heading in a new direction.
All the defence teams agreed to the postponement, but some had reservations about the way the board had gone about its business.
”I find it worrying that the decision-making process up to now has been an exercise in futility,” said Piet Pistorius, who represents 13 of the men.
Pistorius was also worried that the board had delayed a decision on whether the rest of the accused would be given legal aid until such time as their money ran out. This could cause several unnecessary delays in the trial.
”I have not yet seen any indication that the board is taking into account the uniqueness of this case,” Pistorius said.
As Burger, for two of the accused, said a situation should not arise where a penniless man had to take whatever representation he could get. Although it was true that legal aid recipients had no right to chose their lawyers, such representation had to be effective and adequate.
”I understand it could be a problem for the board to make exceptions for certain cases. But this case is exceptional.”
Prosecutor Paul Fick expressed his discontent at the delay. The trial was to have started last Monday. It was then postponed for a week for negotiations between the Legal Aid Board, defence lawyers and the prosecution team.
The 22 men have been charged with plotting to overthrow the government with the aim of proclaiming a Boer republic. The first men linked to the alleged coup plot were arrested more than a year ago.
The group faces 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.
Interest in the trial appeared to have waned by Monday, with the media and police outnumbering those in the public gallery.
Security remained strict, and city traffic was disrupted by road closures aimed at safeguarding the court. – Sapa