The judge in the Boeremag treason trial on Friday made an interim order that the media not publish the name and image of the next state witness, who is expected to start testifying on Monday.
Argument on whether the court should grant an order to protect the identity of the witness, now only known as the elusive Mr C, will continue on Monday.
Prosecutor Dries van Rensburg asked Judge Eben Jordaan to order that the witness’s name, photograph and sketches may not be used, although he will testify in the open court.
Mr C and his wife, also a state witness, are in a witness protection programme. They have re-settled in a new community. He has accepted a job with an international company, where he will start working as soon as he has finished testifying in the trial.
”They are happy where they are now and have settled into the community. This situation, as well as his job, might be jeopardised if his involvement in the case is subjected to publicity.
”There will be no prejudice for the accused or the administration of justice if such an order is granted. It will remain an open trial. On the other hand, it would be unfair to ruin the future that the witness had built up for himself just because he’s doing a public service… by testifying,” Van Rensburg said.
Legal counsel for the accused vehemently opposed the application. They argued that Mr C’s identity was already well known and his name had already appeared in press reports.
It was suggested that it would be unfair that the accused were identified while a ”self-confessed terrorist and criminal” enjoyed special protection just to save him some embarrassment.
The identity of the three previous state witnesses — one of whom is in a witness protection programme — had not been protected and there was no proof the publicity had seriously harmed them, it was argued.
One of the defence lawyers, Paul Kruger, said his clients in jail received death threats from fellow prisoners ”on a daily basis” because of the high profile nature of the case.
”The witness [Mr C] is not being transported in chains every day and is not locked up with people who threaten his life. He can flee if necessary, but my clients cannot,” Kruger said.
Even one of the accused who was not implicated by the witness at all — Adriaan van Wyk — opposed the application. He said he had lost his house, car and business while in jail and felt the law should treat everyone equally, including the witness.
The state alleges that Mr C and several of the accused had built and planted a series of bombs late in 2002, including one at Soweto, in which one person died, and had planned to murder former president Nelson Mandela.
Mr C and one of the accused were allegedly on their way to plant a powerful car bomb in Marabastad, Pretoria, in December 2002 when they were arrested.
The trial continues. – Sapa