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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ulings excluding evidence, his timing on ruling <strong>the</strong> inadmissibility <strong>of</strong> <strong>the</strong><br />
record <strong>of</strong> Basson’s bail application, and by denying <strong>the</strong> prosecution sufficient<br />
time to research jurisdiction issues. Hartzenberg, who under South African law<br />
rules on <strong>the</strong> recusal request, dismissed it on <strong>the</strong> grounds that it was “frivolous,<br />
mind-boggling, absurd and ‘unfounded in its totality.’” 211<br />
This was <strong>the</strong> first <strong>of</strong> several delaying events, including Ackerman’s<br />
absence from <strong>the</strong> trial for several weeks. Periodic bomb threats, which started<br />
in <strong>the</strong> sixth week <strong>of</strong> <strong>the</strong> trial, caused additional delays. These delays may be<br />
indicative <strong>of</strong> <strong>the</strong> types <strong>of</strong> judicial problems that can be expected when <strong>the</strong><br />
judicial system <strong>of</strong> a new political order attempts to implement criminal charges<br />
against individuals who managed covert CBW <strong>program</strong>s. The prosecutors have<br />
requested but have not yet seen <strong>the</strong> information on <strong>the</strong> CD-ROMs related to<br />
<strong>the</strong> BW <strong>program</strong> that is currently held by <strong>the</strong> President. The prosecutors are<br />
still waiting for a reply to <strong>the</strong>ir request to see this information from <strong>the</strong><br />
Ministry <strong>of</strong> Justice. The prosecution’s position is that all information should be<br />
declassified, even if it may endanger national security, if <strong>the</strong> information can<br />
be used to prove murder. While <strong>the</strong> prosecution remains convinced that <strong>the</strong>y<br />
have enough evidence <strong>of</strong> fraud and abuse to convict Basson on multiple<br />
charges, o<strong>the</strong>rs are beginning to wonder if <strong>the</strong> odds makers<br />
who are now betting that “Dr Death” will not be convicted <strong>of</strong> any criminal<br />
penalties or financial fines might be right.<br />
Implications <strong>of</strong> <strong>the</strong> Basson Trial to Date<br />
The Basson trial to date illustrates some <strong>of</strong> <strong>the</strong> difficulties involved in criminal<br />
proceedings against individuals who were involved in covert CBW <strong>program</strong>s<br />
with extensive international linkages in national courts. Based on <strong>the</strong> recovered<br />
stolen documents, <strong>the</strong> prosecution is convinced that Basson established his<br />
own procurement network that included a large number <strong>of</strong> diverse individuals<br />
worldwide (e.g., Heyndrickx, Webster, Ford). However, <strong>the</strong> prosecution has<br />
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