HTTP://WWW.STOPNATO.ORG.UK ---------------------------Apartheid regime's 'Dr Death' cleared
Mungo Soggot in Johannesburg
Friday April 12, 2002
The Guardian
Wouter Basson, the apartheid regime's notorious chemical warfare expert tried for multiple murder and fraud, walked free from the Pretoria High Court yesterday after being acquitted of all charges. The presiding judge, Willie Hartzenberg, had been widely expected to exonerate Dr Basson after several indications during the marathon trial that he favoured the man accused of being the apartheid government's deadliest scientist. In an act of solidarity, the former head of the South African defence force, General Magnus Malan, who was himself acquitted in 1996 of masterminding a politically motivated massacre, attended court. Also present was Constand Viljoen, former leader of the rightwing Freedom Front, and members of the Basson family, who applauded after the judge dismissed all 46 charges. Dr Basson, who was for 12 years the head of the state chemical weapons enterprise, Project Coast, stood accused not only of murdering and poisoning anti-apartheid activists, but also of robbing the state via front companies purportedly set up to help obtain foreign chemical and biological warfare material. Dr Basson was also charged with various acts of assault and intimidation, and of trading drugs and possessing classified documents. Judge Hartzenberg provided few details for his decisions on each charge in court yesterday, where he read highlights of his 1,400-page judgment. He said: "The state did not prove its case beyond reasonable doubt. This is how criminal courts work. The state did not prove its case." The prosecution plans to appeal. Dr Basson, dubbed "Dr Death" by the South African press, appeared relaxed throughout yesterday's judgment. As the verdict was read out, he smiled. Earlier this week, signalling his confidence that he would be cleared, he arranged to address the Pretoria press club today. The 51-year-old, highly qualified cardiologist had continued to treat patients during the trial, which began in 1999, and completed a part-time degree in commerce while preparing the case. He was arrested in 1997 for possession of the drug ecstasy, kicking off what became one of the most significant political trials since the country's transition to democracy in 1994. The 300-page indictment against Dr Basson started with 67 charges, but these were whittled down to 46 after several early setbacks for the prosecution case. These included the judge's acceptance of an amnesty which shielded Dr Basson - and all other members of the South African military - from any crimes committed in neighbouring Namibia and Angola. The blanket amnesty had been signed by the administrator-general of what was then South West Africa on the eve of Namibia's independence in 1990. This meant Dr Basson was never charged with such alleged crimes as providing muscle relaxants to kill scores of Namibian guerrillas whose bodies were then dumped into the sea from an aircraft. The state called almost 200 witnesses. Dr Basson, meanwhile, was the only witness for the defence, and portrayed himself during his gruelling cross-examination as a master spy who dodged foreign intelligence agencies in an ingenious search for chemical and biological weaponry. The prosecution dismissed his tales as fantasy, accusing him of being an expert liar who made little progress with Project Coast. Dr Basson cited mysterious foreign connections to defend himself from charges that he had defrauded the state, becoming the beneficial owner of two companies which had luxury properties across the world. The trial was marked by open hostility between the prosecution and the judge. In February 2000, the prosecution applied for Judge Hartzenberg's recusal on the grounds that he favoured Dr Basson and had prejudged the state's evidence, the first time in South African legal history that the prosecution in a criminal trial sought such a move. Yesterday's ruling will fuel perceptions that the military old guard is above the law. The decision could also stimulate criticism about the composition of the judiciary, which remains staffed by white males who, like Judge Hartzenberg, were appointed under the former government. During the trial Judge Hartzenberg, whose brother is the former head of the right wing, pro-apartheid Conservative party, signalled his support for the activities of the apartheid military. But senior barristers say he has a reputation for being reasonable and balanced. Spokesman for the ruling African National Congress, Smuts Ngonyama, said the judgment was "completely outrageous", "highly immoral" and that the ANC believed this was "not the end of the case". The New National party, successor to the party that ruled apartheid South Africa, was more guarded. Sheila Camerer, its justice spokeswoman said the ruling was "a bit of a shock" considering how much the case had cost. Meanwhile, Mr Malan, the former defence force general, said: "We warned them two-and-a-half years ago they were going to lose, and still they waste money instead of looking at the poverty in our country". Sipho Ngwema, a spokesman for the prosecution authority, said the state was "not surprised. We have said the judge must stand down because he was biased. In that context, what we saw today came as no surprise at all."
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