/ 5 September 2007

Judge dismisses discharge applications by Boeremag

The judge in the Boeremag treason trial on Wednesday ruled that enough evidence had been presented by the state on which a reasonable person might convict the 21 accused on charges of high treason, terrorism and sabotage.

Judge Eben Jordaan dismissed applications by nine of the accused for their discharge on all of the 42 charges against them, and by 11 others for their discharge on some of the charges.

He however stressed that the ruling was not a preview of the findings at the end of the trial, when the full spectrum of the evidence would have to be considered.

The applications took over a month and more than 1 100 pages of argument.

Jordaan said it was clear that ”document 12”, in all its guises, had as its aim the violent overthrow of South Africa’s government. It foresaw deeds of violence, stockpiling and using weaponry, damage to property and the loss of life.

There was evidence of a series of meetings to discuss the plans; that persons were recruited to join the Boeremag; that some of the accused were sworn in as members and took an oath of allegiance and that a large number of weapons and ammunition was gathered.

There was also evidence that a large number of deadly and effective explosives were manufactured, that different parts of the country were scouted and that a number of vehicles were bought for use as car bombs.

The state had further presented evidence that a heavily-armed convoy had taken off from Bela-Bela to carry out the mission and that bombs had exploded at several places, killing one person and injuring another.

Despite this, the manufacture of explosives and bombings had continued.

It was clear that each of the accused had been involved in one or more of these incidents and the conclusion might be drawn that each had made himself part of the overall conspiracy to overthrow the government, Jordaan said.

He said if the accused could be convicted on the charges of treason, terrorism and sabotage, it would not change a thing if they were discharged on the rest of the charges. It would not shorten the trial by a second.

The trial continues. – Sapa