/ 3 November 2004

Boeremag judge denies ‘helping’ witness

The judge in the Boeremag treason trial made assurances on Wednesday that he has not yet decided on the guilt of anyone after being accused of ”helping” a state witness.

Advocate Danie Kotze, who represents alleged Boeremag leader Tom Vorster, told Judge Eben Jordaan in the Pretoria High Court he had instructions to place on record his client’s complaint that the judge was ”helping” state witness Deon Crous during cross-examination.

A flabbergasted Jordaan said he took notice of what was said, but stressed that there could be no suggestion that he wanted to help the witness, and only asked questions because he wanted to understand the evidence.

”There cannot be not the faintest suggestion that I want to help the accused. But if you don’t want me to say anything, I’ll talk less.

”If anyone in the court has the perception that I’ve decided that A or B is guilty, it is totally wrong. And I say this out of the depth of my heart,” he said.

Jordaan granted an interim order that the Department of Correctional Services must allow the accused at present at C-Max prison access to a consultation cell until 10pm. This was after complaints that they were unable to give instructions to their representatives because they could not consult with each other and study the exhibits and record properly.

Defence counsel Piet Pistorius said if the accused were locked up immediately and not allowed to consult with each other and use the consultation room at night, he would have no other choice than to ask for a postponement of a week or two so that he could consult with his clients at court.

”It’s not as if they want to chit-chat, drink coffee and party. It is, after all, C-Max and they have to prepare their defence against very serious charges. Their right to a fair trial is at stake,” he said.

Crous, a self confessed coup plotter and bomber, earlier told the court of plans to shoot the prosecuting team and ”take out the investigators” while him and several of the accused were on the run from police in 2002.

He also told the court about a plan by accused Dr Johan Pretorius to catch a security police officer and question him about police plans to catch them after injecting him with an anaesthetic.

This plan, as well as plans to shoot the prosecuting team and the investigating officers, was never carried out.

The trial continues. — Sapa