Mark Thatcher’s lawyers are in the Cape High Court on Monday to challenge a subpoena compelling their client to appear in court to answer questions from Equatorial Guinea prosecutors.
”An urgent review application is being brought in the Cape High Court in order to challenge a range of aspects relating to the subpoena,” said a member of the defence team who wanted to remain anonymous.
The subpoena was issued last week. It requires Thatcher, alleged to have plotted a coup in Equatorial Guinea, to appear in a Wynberg court on September 22.
The subpoena was issued under the International Co-operation in Criminal Matters Act, after approaches by Equatorial Guinea prosecutors involved in the criminal trial of alleged mercenaries in that country.
The defence team last week already raised possible reservations about the validity of the subpoena, with Thatcher’s attorney Alan Bruce-Brand saying it had been issued without consultation with the defence team and had ”somewhat surprised” them.
Under the subpoena, Thatcher is supposed to give answers to a South African magistrate. The questions have been drawn up by the Eqato-Guinean prosecutors.
Although they will be present in court, the prosecutors will not participate.
Thatcher’s appearance next Wednesday had no bearing on his November 25 trial date which relates to him 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’etat in Equatorial Guinea to the extent of $275 000.
Thatcher was arrested in August and is out on bail of R2-million. – Sapa