/ 6 September 2006

Boeremag accused seek recusal of judge

The Boeremag treason trial may, after more than three years and millions of rands of taxpayers’ money, have to start afresh if two of the accused have their way.

Two of the 22 accused, brothers Wilhelm and Johan Pretorius, on Wednesday gave notice that they intended applying for trial Judge Eben Jordaan’s recusal because of alleged bias.

Legal argument on the application will be heard next week.

The trial commenced in Pretoria’s Palace of Justice in May 2003, but was delayed by applications about, amongst others, the court’s jurisdiction and legal aid to such an extent that the first state witness only took the stand in 2004.

The accused have denied guilt on 42 charges, ranging from treason to terrorism and murder, relating to an alleged right-wing coup plot aimed at violently overthrowing the African National Congress government.

Several of them initially refused to plead, claiming the court had no jurisdiction to try them.

The state’s 66th witness — a forensic computer specialist — has been in the witness stand since March this year and the state is expected to call at least 80 further witnesses.

The trial continued in the absence of two of the accused, Herman van Rooyen and Rudi Gouws, after they managed to escape from the police cells at the High Court in May this year despite the presence of over 40 police officers.

National Police Commissioner Jackie Selebi’s spokesperson, Director Sally de Beer, on Wednesday confirmed that no trace had yet been found of the two, despite an intensive manhunt. — Sapa