/ 2 April 2004

Boeremag advocates’ tenure questioned again

Three of the Boeremag treason trial accused will find out next week whether their advocates will have to withdraw from the trial.

The national director of public prosecutions launched an urgent application on Friday in the Pretoria High Court for an order forcing advocates Harry Prinsloo and Louisa van der Walt to withdraw from the trial.

This was after state witness Lourens du Plessis claimed the advocates had advised him to lie in a statement when they represented him in a criminal case involving false money and corruption.

Du Plessis was previously an accused in the Boeremag trial, but turned state witness.

He claimed the false money was to have been used for an alleged coup plot by the Boeremag, but said Prinsloo and Van der Walt had advised him to keep quiet about the involvement of their other three clients, Michael and Andre du Toit and Rooikoos du Plessis. The advocates denied his allegations.

Counsel for the national director of public prosecutions Bert Bam, SC, argued that it would be highly undesirable for the two advocates to cross-examine Du Plessis while they were in possession of information that was still privileged.

He said Prinsloo might also be called as a witness by some of the 22 accused men in order to counter Du Plessis’s evidence.

Counsel for the two advocates argued that whatever information Du Plessis had given to the advocates was no longer privileged, as he had accused them of unethical behaviour. These allegations had to be ventilated.

Even if Prinsloo had to testify, it would still not mean that it would be irregular for him and Van der Walt to act in the trial, the court was told.

It was pointed out that Du Plessis was ”a self-confessed liar” and that his allegation was the only ”little piece of information” the court had before it. The question was if his allegations should weigh more than the two advocates’ denials.

The treason trial will continue on April 19. — Sapa