Three Boeremag treason trialists lost yet another bid in the Pretoria High Court on Friday to be freed on bail.
The court turned down an appeal by brothers Mike and Andre du Toit and Jacobus (Rooikoos) du Plessis against the dismissal of a second bail application they brought in the Pretoria Regional Court in April.
That application was based on new facts after their first bail bid and a subsequent appeal were also turned down.
Acting Judge Lyzette Meyer said the facts on which the three relied had failed to prove that exceptional circumstances existed to warrant their release on bail.
The men contended on Wednesday that their constitutional rights were being violated by their continued incarceration.
Their right to a speedy trial was being trampled on by the state’s ”procrastination” in the case, their legal representative, Louiza van der Walt, told the court.
The men were arrested on April 5 last year. They are currently standing trial with 19 others on 42 charges related to an alleged plot to overthrow the government.
The trial is expected to last up to three years. The charges include treason, terrorism, murder, attempted murder and an array of arms, ammunition and explosives contraventions.
Meyer dismissed the men’s contention that the duration of the judicial process was excessive, and that this infringed on their right to a speedy trial.
Regarding claims of human rights violations at the hands of police and prison authorities, she said these were matters for the trial court and irrelevant to bail.
The fact that Mike du Toit suffered from a liver ailment was also not deciding, as it was not life-threatening, untreatable or painful.
Meyer found that the regional court had been correct in finding the men could pose a risk to society.
It was not disputed at the time that a document outlining different stages in the planned coup d’êtat was found on Mike du Toit’s computer, she said.
It was clear that anyone capable of planning in such detail a racially based plot to overthrow the state, and to recruit others for the purpose, were likely to continue their actions if freed.
The judge pointed out that the men created a problem for themselves by opting not to testify in their bail applications.
Written statements they presented to the court were devalued by the fact that they could not be tested through cross-examination.
The state alleges that the three men were leading members of the Boeremag.
The trial continues on Monday. — Sapa