/ 30 September 2004

Judge quashes appeal by alleged Boeremag accused

The Supreme Court of Appeal in Bloemfontein dismissed an urgent bail application by alleged Boeremag member Adriaan van Wyk on Wednesday.

Van Wyk is one of the 22 accused in the Boeremag trial in the Pretoria High Court. They are charged with treason, murder and attempted murder.

Van Wyk was earlier denied bail in the Pretoria High Court, which found he could prove no unusual circumstances requiring his release on bail.

He had argued that he had a serious medical condition that was not being properly treated in prison and could lead to diabetes.

Van Wyk’s lawyer told the Appeal Court that his client has not received proper medication in prison, a fact denied by the Department of Correctional Services.

Acting Judge of Appeal RG Comrie said in his judgement the truth probably lay somewhere in the middle.

He said as to proper treatment in prison, Van Wyk had other legal remedies available, and bail was not the only solution to the failures of the prison authorities.

Comrie said there was also a strong possibility that Van Wyk might flee if granted bail.

This is due to the strong prima facie case of the state, the possibility of a long prison sentence at the end of the trial and a strong infrastructure of sympathisers that could hide Van Wyk if he fled. – Sapa