Judge Nathan Erasmus made his ruling.
Image: Ayanda Ndamane/Independent Newspapers
As the trial within a trial continued in the Western Cape High Court sitting in Saldanha, the court was set to play the video footage of Jacquen ‘Boeta’ Appollis on Friday as he gave his alleged confession.
The trial within a trial stems from Appollis and Steven van Rhyn claiming they were attacked and tortured by police.
However, before the footage was played in court, Appollis’ lawyer, Fanie Harmse, needed to place information on the record.
“There are contents of his statement by the accused that he was informed on what to say,” Harmse submitted.
“So, the crucial part of what happened was not his knowledge but what he was told to say?” Judge Nathan Erasmus said.
“Correct, my Lord,” Harmse responded.
Judge Erasmus said that because facts were being distorted, the accused may be prejudiced. He said there was a request to have this bit of the statement sealed, but, he has decided that whatever publication is made of the statement must be that the accused noted the specific portion did not come from him.
“I have made a decision, so for now it has not been found after it has been presented that it does not come from his own knowledge, so when the media publishes this, I’m ordering that it must be done in context. Yes, there are faceless people publishing stuff, but it binds them. Any publication that’s contrary to this order might be met with contempt charges. I hope I made myself clear,” Judge Erasmus ordered.
robin.francke@iol.co.za
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