the rollback of south africa's biological warfare program
the rollback of south africa's biological warfare program
the rollback of south africa's biological warfare program
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number <strong>of</strong> documents during <strong>the</strong> opening sessions <strong>of</strong> <strong>the</strong> trial that had been<br />
introduced during in camera sessions <strong>of</strong> <strong>the</strong> bail hearing on similar national<br />
security grounds that <strong>the</strong> prosecution had used. 205 The pre-trial legal<br />
proceedings in <strong>the</strong> Basson case underscored <strong>the</strong> well-known democratic<br />
dilemma that protection <strong>of</strong> civil liberties and <strong>the</strong> right to free speech <strong>of</strong>ten<br />
make <strong>the</strong> prosecution’s job more difficult. However, in a society in <strong>the</strong> midst<br />
<strong>of</strong> a democratic transition and without historical norms supporting a strong<br />
independent judiciary and <strong>the</strong> right <strong>of</strong> <strong>the</strong> public and press to have access to<br />
information about <strong>the</strong> government, <strong>the</strong> fact that this dilemma was allowed to<br />
play out through <strong>the</strong> courts must be significant.<br />
The Basson Trial: 1999-Present 206<br />
The Basson trial promises to be one <strong>of</strong> <strong>the</strong> longest and most complicated trials<br />
in South African legal history. Basson was initially charged with multiple<br />
counts <strong>of</strong> fraud, murder, conspiracy to murder and possession <strong>of</strong> drugs<br />
(Ecstasy, Mandrax and cocaine). However, <strong>the</strong> trial was quickly halted by<br />
objections presented by his lawyers. In hindsight, <strong>the</strong> most important objection<br />
raised by <strong>the</strong> defense related to conspiracy to murder charges against Basson<br />
for <strong>the</strong> poisoning <strong>of</strong> 200 SWAPO prisoners <strong>of</strong> war in a Namibian detention<br />
camp and his alleged involvement in <strong>the</strong> murder <strong>of</strong> five o<strong>the</strong>r SWAPO<br />
members in Namibia. The defense argued that that <strong>the</strong>re was no precedent<br />
under South African law to charge citizens for actions in o<strong>the</strong>r countries and<br />
that a general amnesty issued on <strong>the</strong> eve <strong>of</strong> Namibian independence in 1989<br />
protected all South African police and military members from criminal<br />
prosecution prior to that date. 207 By <strong>the</strong> second week <strong>of</strong> <strong>the</strong> trial, it had become<br />
clear that <strong>the</strong> prosecution would experience serious difficulties in <strong>the</strong>ir efforts<br />
to win a conviction against Basson on murder charges. When <strong>the</strong> trial resumed,<br />
<strong>the</strong> presiding judge, Willie Hartzenberg, ruled that six <strong>of</strong> <strong>the</strong> eight<br />
murder/conspiracy to murder charges against Basson had to be withdrawn on<br />
<strong>the</strong> grounds that <strong>the</strong> Criminal Procedure Act did not allow prosecution in a<br />
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