The head of the local prison in Pretoria was ordered on Tuesday to return a Boeremag treason trialist’s laptop to him and allow him and his fellow accused to use the computer for purposes of the trial.
Pretoria High Court Judge Eben Jordaan granted the order after an application by counsel for Wilhelm Pretorius.
Pretorius complained on Monday that he had been forbidden to study the record of the trial or prepare his defence on his laptop, which the prison told him was only to be used for ”study purposes”.
He said he was being denied the right to a fair trial as a result.
The prison was given until next Tuesday to supply reasons for its decision.
Jordaan said on Monday the decision did not appear to make any sense, as there were apparently no complaints when the accused studied the record on paper, and definitely prejudiced the accused.
The trial was once again delayed on Tuesday when the accused complained about the treatment they received in prison. Counsel for Tom Vorster said he wanted to put on record the ”pattern of victimisation” against his client, who had been battling to get a contact visit with his wife for the past 12 months.
Vorster was also upset because the prison had forced him to pay 30 cent per page if he wanted written answers to his various complaints.
Piet Pistorius, who represents several of the accused, said they intended launching a civil application to enforce their right to contact visits, which according to the prison, could only be enjoyed by sentenced prisoners in the A-section of the jail.
Pistorius said the Department of Correctional Services’ attitude that trial-awaiting prisoners had to launch civil applications to enforce their fundamental constitutional rights was ”outrageous and untenable”.
”Throughout the trial the accused have been vitally prejudiced and their rights violated, while the state has access to an overflow of recourses. There’s no balance of fairness,” he said.
The trial continues on Thursday. — Sapa