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Special Trial Report:

Monday 18 June 2001 - the acquittal of Basson on 15 charges

This is a special report on Judge Willie Hartzenberg's decision to acquit Dr Wouter Basson on 15 of the 46 charges the state brought against him in 1999. The report provides a detailed breakdown of the charges on which Basson has been acquitted and those which he still faces.

Judge Willie Hartzenberg has given no reasons for his decision to acquit Dr Wouter Basson on 15 of the 46 charges against him. The Judge will include his reasons for the decision into his final judgement at the end of the trial.

Acquittal has been granted on the following charges:

  1. Charge 2 - R220 789 paid to Professor Aubin Heyndrickx for trip to Iran.
  2. Charge 6 - R200 000 paid to Roger Buffham's company, Contemporary Systems Design, for electronic circuit blueprints for reverse engineering of Chemical Agent Monitors.
  3. Charge 10 - R67 424 paid to Wilfred Mole's company, RF Telecommunications, for rental of offices for Project Coast.
  4. Charge 28 - Possession of 38,6g of Ecstasy found in blue steel trunks.
  5. Charge 29 - Trafficking in Mandrax (96,9g) and cocaine (14g) found in trunks.
  6. Charge 30 - Trafficking in Mandrax (100 000 tablets offered to Danie Phaal).
  7. Charge 36 - Incitement to murder (5 Renamo members who killed secretary-general Orlando Cristina).
  8. Charge 37 - Assault with intent to do grievous bodily harm (chemical interrogation of 5 Renamo assassins).
  9. Charge 38 - Conspiracy to murder (ANC spy Roland Hunter, with mamba venom).
  10. Charges 39-41 - Attempted murder (three unidentified victims at Dukuduku on whom jelly-like substance was smeared by Dr Kobus Bothma).
  11. Charge 52 - Murder (Special Forces operator Victor de Fonseca).
  12. Charge 57 - Attempted murder (the Rev Frank Chikane).
  13. Charge 60 - Conspiracy to murder (Minister of Transport Dullah Omar).
The judge failed to address three of the 46 charges on which acquittal had been sought. Those three charges remain on the charge sheet to be answered by the accused.

The three charges which now form part of the remaining 46 on which Basson must testify and be cross-examined, are:

  1. Charge 15 - The "twin" of Charge 14, which deals with R12,1-m payable to Medchem Consolidated Investments for cancelled SADF contracts, roundtripped through Dr David Chu and Medchem Forschungs, which was used as security for bank loan to WPW Group to buy Jetstar aircraft.
  2. Charge 51 - Defeating the ends of justice - burning of body of unidentified man in the furnace at Speskop.
  3. Charge 64 - Possession of classified documents found in the blue steel trunks. The remaining charges on which acquittal was sought, but not granted, are:
  1. Charge 3 - R5,5-m paid to Buffham (for CAMs).
  2. Charge 7 - R292 538 paid to CSD for software and CBW database.
  3. Charges 8 & 9 - R198 070 paid to CSD for "services rendered".
  4. Charge 14 - Use of project funds as security for bank loan to purchase Jetstar.
  5. Charges 17 - 75 491 Swiss francs paid to Dr David Chu for "chemicals".
  6. Charges 23 & 24 - Self-enrichment/financial gain from privatisation of SA Defence Force front companies, Delta G Scientific and Roodeplaat Research Laboratories.
  7. Charge 25 - Possession of 100 Ecstasy capsules (Bryanston sting operation).
  8. Charge 26 - Possession of 2 018 Ecstasy capsules (Rustenburg sting operation).
  9. Charge 27 - Possession of 1 040 Ecstasy capsules during January 29, 1997 arrest at Magnolia Dell.
  10. Charges 32-35 - Murder of four unidentified men at Zeerust, 1984, by Johan Theron, Phaal, Trevor Floyd, Chris Pretorius and Matie van der Linde (bodies thrown into the sea from aircraft).
  11. Charges 42-44 - Murder of three unidentified men at Dukuduku.
  12. Charge 45 - Conspiracy to murder Swapo prisoner of war (fed "jungle juice" by Phaal at Ondangwa, then flown to 1 Military Hospital, where he died).
  13. Charges 47-50 - Assault with intent to do grievous bodily harm (four unidentified men injected at Lanseria before being thrown from aircraft).
  14. Charge 53 - Murder of unidentified victim, Barberton.
  15. Charge 56 - Murder of 5 Reconnaissance operator Mack Anderson.
  16. Charge 59 - Attempted intimidation (baboon foetus at home of Desmond Tutu).
  17. Charge 62 - Conspiracy to murder (poisoned beer to be placed at Eastern Cape taxi ranks).
  18. Charge 63 - Conspiracy to murder (elimination of enemies of the state by CCB).
Basson will take the stand in his own defence on Monday, July 23. The remaining 46 charges against him will require him to testify on a broad spectrum of his activities while head of Project Coast, and will offer the State an opportunity to cross-examine him in depth.

 

This report has been prepared by Chandré Gould and Marlene Burger. Chandré  Gould is a research associate at the Centre for Conflict Resolution working on the Chemical and Biological Warfare Research Project. Marlene Burger is monitoring the trial  as part of the CCR Chemical and Biological Warfare Research Project. The Chemical and Biological Warfare Research Project is funded by the Ford Foundation, the Friedrich Ebert Stiftung and the Norwegian Government.

 
Centre for Conflict Resolution, UCT, Private Bag, Rondebosch, 7701, South Africa
Tel: (27) 21-4222512 Fax: (27) 21-4222622 Email: [email protected]

 
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