Mark Thatcher’s court appearance to answer questions from Equatorial Guinea prosecutors was postponed on Friday to February 18.
His advocate Peter Hodes told a Wynberg magistrate that Thatcher had decided to seek leave to appeal this week’s high court ruling.
A full bench of the Cape High Court on Wednesday rejected Thatcher’s bid to overturn the subpoena ordering him to appear for questioning.
”We have considered the judgement carefully and have decided… to apply for leave to appeal. We contend there are good prospects for success,” Hodes told magistrate Helen Alman.
Thatcher’s legal team would begin drafting a detailed application as soon as possible.
The application would point out ”various errors” in the judgement.
Hodes said it would not be easy to get the three judges — Deon van Zyl, Daniel Dlodlo and Essa Moosa — together again to hear the application.
He said the legal team had approached Van Zyl with a view to having it heard on January 31 or February 1.
Hodes said Thatcher had been given to understand that judgement and sentence in the trial of alleged coup plotters in Equatorial Guinea — the proceedings for which the prosecutors wanted him questioned — would happen on Friday morning, and so any evidence Thatcher could give would not be of any use there.
His concern was that Thatcher’s constitutional rights which would be seriously prejudiced if he were obliged to answer questions before an appeal.
”We do contend that he will be prejudiced and there will be no prejudice to anybody else,” said Hodes.
Alman warned Thatcher to appear again on February 18.
A large contingent of local and foreign media attended the court proceedings.
Although Thatcher appeared relaxed inside the court building, and chatted to journalists there, he declined to make any comment on camera outside. – Sapa