The Boeremag treason trial may be delayed yet again — this time because of a planned urgent application to stop some of the accused being moved from individual to communal cells.
Defence counsel Piet Pistorius told Judge Eben Jordaan he has planned to meet with Correctional Services’ attorney on Tuesday in an attempt to avert his having to bring an urgent application to enforce his clients’ rights, but in the light of past experience foresaw that the criminal trial might have to stand down for the application.
The Boeremag accused held at Pretoria local prison have complained bitterly about plans to move them from their present single cells into communal cells.
One of the accused suffered a breakdown at the prospect and had to be put on medication.
Pistorius told the court the issue was not only psychological harm, but also injury to his clients.
The court was previously told that the accused in jail received death threats from other prisoners daily, and feared for their lives.
Meanwhile Judge Eben Jordaan will deliver judgement on Tuesday on an application to forbid the media to publish the name and image of the next state witness, who was supposed to have started testifying last week.
The prosecution argued that the witness, now only known as Mr C, and his wife — also a state witness — were in a witness protection programme, but had re-settled in a new community. He had accepted a job with an international company, but his future and job might be in jeopardy if his involvement in the case became known.
Prosecutor Dries van Rensburg said the only limit to press freedom would be that the witness’s name and image may not be used, but the trial would otherwise carry on in an open court.
The accused opposed the application, saying Mr C’s identity was already well known to the accused and media and that his name had already been used in press reports.
It was argued that the accused’s names and photographs were regularly used in the media, along with the allegations against them while they were at this stage still deemed innocent and that it was unfair that the accused were identified while a
”self-confessed terrorist and criminal” enjoyed special protection just to save him some embarrassment.
It was argued that other witnesses might come forward with evidence that could either favour the state or defence if the witness’s name was in the media.
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 which killed one person 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