A lawyer for alleged Equatorial Guinea coup plotter Mark Thatcher confirmed on Wednesday that a subpoena had been issued for his client’s appearance in the Wynberg Regional Court.
”We still have to examine the subpoena,” said Alan Bruce-Brand.
Bruce-Brand said the subpoena provided for Thatcher to go for questioning at the court on September 22.
However, Bruce-Brand said this had been done without consultation with the defence team, which had not received any formal approach from the state about the subpoena ”at all”.
Bruce-Brand said the defence team was ”somewhat surprised” that despite its co-operation, the state had made no approaches to the team regarding the subpoena.
He said the defence team was unclear what questions Thatcher would be asked, although it had heard ”informally” that Thatcher would have to respond to a list of questions from Equatorial Guinea prosecutors.
Asked if the defence intends challenging the subpoena, Bruce-Brand said the team would have to examine the ”validity or otherwise thereof” before deciding.
Meanwhile, Department of Justice and Constitutional Development spokesperson Kaizer Kganyago said the International Cooperation on Criminal Matters Act stipulates that when a foreign country wants information from a person in South Africa, the director general receives the request, the minister of justice approves it, and then the request is sent to the magisterial district where a subpoena is issued.
”I don’t want to argue with the legal team of Thatcher, but this was the procedure followed,” said Kganyago, adding that South Africa was ”just responding to a request”.
He said the Act went further and said that the presiding magistrate could put questions to any person — in this case Thatcher — under oath.
Although present in court, the prosecutors will not participate, and Thatcher will have to answer to the magistrate.
Kganyago said a list of questions has already been prepared by a team of Equatorial Guinea prosecutors in relation to the aborted coup attempt trial in which several alleged mercenaries are in the dock.
Among these suspects are South African Nick du Toit who faces the death penalty if found guilty.
Kganyago said Thatcher’s appearance on the subpoena had no bearing on his November 25 trial date when he faces charges related to breaking South African laws.
Thatcher faces two charges — contravention of the Regulation of Foreign Military Assistance Act and conspiracy to contravene the Act.
The state alleged Thatcher helped bankroll an aborted coup d’état in Equatorial Guinea to the extent of $275 000.
Thatcher was arrested in August and is out on bail of R2-million. – Sapa