One of the Boeremag accused applied on Wednesday for his discharge on 33 of the charges against him, saying there was no evidence linking him to crimes committed while he was in jail.
Mike du Toit (47) and 20 co-accused denied guilt four years ago on 42 charges including high treason, sabotage, murder, attempted murder, causing explosions and the manufacturing and illegal possession of explosives, firearms and ammunition.
The state alleges the accused had been part of a right-wing plot to overthrow the government with violence.
Du Toit, his brother Andre and Rooikoos du Plessis were the first of the alleged Boeremag members to be arrested early in April 2002.
Counsel for Du Toit, Harry Prinsloo, argued that there was no evidence that Du Toit had even known about plans for a series of bomb explosions, which took place in October 2002, and a plot to kill former president Nelson Mandela with a homemade bomb.
He said even the investigating officer in the case had to admit there was no evidence that any of the three had planned or carried out any crime from within the prison.
Prinsloo pointed out that, according to evidence, a new group was formed under the leadership of the accused, Tom Vorster, after the first arrests, and that the aim was changed from defensive to offensive.
He said there was also evidence that a third splinter group, calling themselves the Suidlanders, was later formed by six of the accused (including former escapees Herman van Rooyen and Rudi Gouws) after an attempt to carry out a coup had purportedly already been abandoned.
Prinsloo argued that there was in any event no evidence that acts carried out by this splinter group were aimed at overthrowing the government with violence. The state had also not presented any evidence that Du Toit had conspired with this group to commit acts of violence.
The trial continues. — Sapa