The prosecution’s plans to call its first witness in the Boeremag treason trial next week were thwarted on Friday when defence lawyers said they would bring yet more pre-trial applications.
The third such application was dismissed by Judge Eben Jordaan in the morning, after which chief prosecutor Paul Fick, SC, asked if he could prepare his first witness for Monday.
This was when lawyer after lawyer for the defence stood up and told the judge they would bring several applications to rectify what they claimed were violations of their clients’ human rights.
The men alleged they were being tormented by “black” music “booming” over the prison sound system 15 hours a day, were inadequately fed, and that authorities had intercepted privileged information pertaining to the trial.
Jordaan was informed of at least six pending applications to resolve these matters before the trial could begin.
In the morning, the judge dismissed an application by three of the men that their trial be separated from that of the other 19.
He rejected arguments on behalf of brothers Mike and Andre du Toit and Jacobus “Rooikoos” du Plessis that 33 of the 42 charges listed by the State were not applicable to them because they were in jail when the crimes were committed.
The three were arrested in the Boeremag case in April last year.
The crimes in question were committed between September and December.
These included the murder of Claudia Mamatsieng Mokone in a bomb explosion in Soweto on October 29, the attempted murder of former president Nelson Mandela on October 11, and a range of contraventions of arms, ammunition and explosives laws.
Jordaan upheld the State’s argument that the three should stand trial on these charges because they are alleged to have been part of the original conspiracy to overthrow the government and declare a “Boer” republic.
They are alleged to have played leadership roles in the planned coup d’état.
Jordaan has already struck down two other pre-trial defence applications — one for Fick’s recusal, and another for a finding that the court had no jurisdiction over 13 of the accused.
The trial, scheduled to have started on May 19, has also been postponed several times due to wrangling over legal aid.
Two defence lawyers told Jordaan on Friday they would bring urgent applications to enforce their clients’ human rights.
Complaints included that Pretoria’s C-Max prison continued playing Metro FM “at horrendous noise levels” despite a request from Jordaan that the Boeremag accused be allowed to use their own radios.
They claimed this was having an effect on their psyche, to the extent that it impaired their ability to prepare for trial.
One of the men also complained that he was fed four dry slices of bread and a cup of tea around 2pm every afternoon, only to eat again at 8.30am the following day.
Jordaan urged prison authorities to resolve these matters to avoid the men having to approach a court for relief.
Four lawyers told Jordaan they would bring applications in the light of allegations that privileged information some of the trialists shared with their legal representatives had been obtained by the police and prosecution.
The first such application would be brought on Monday.
One of the men claimed that his former lawyer had given the state documents pertaining to their consultations. Others complained of bugging devices in prison, and that authorities had confiscated privileged documents from their cells. — Sapa
Boeremag accused ask for separate trials