Judge Quashes Charges In Sabotage Trial

Press, Volume CII, Issue 30277, 1 November 1963, Page 15

Judge Quashes Charges In Sabotage Trial

(N-Z-P-A.-Reuter— Copyright) PRETORIA, October 31. The Judge-President of Transvaal (Mr Justice Quartus de XVet) ordered the quashing of all indictments against all those accused in the current sabotage trial yesterday. Eleven defendants were, originally accused of plotting the overthrow of Dr. \ erwoerd’s National Government by planning an armed revolution, guerrilla warfare, and an armed invasion of the country.

The Judge made his dramatic announcement after considering an application, submitted on Tuesday by defence counsel, Mr A. Fisher, asking for the quashing of the indictments.

Mr Fisher, who was counsel for seven of the 11 mem accused, submitted on Tuesday that the allegation that the accused acted in conspiracy was “wholly defective." Seven of the accused were alleged to be members ■ f a "national high command" formed to direct the planned revolution.

This group included Nelson Mandela, aged 45, alleged leader of the banned African National Congress underground and known as the • Black Pimpernel," and Walter Sisulu, 50, former secre-tary-general of the A.N.C. When the trial resumed yesterday Jhe Deputy AttorneyGeneral of the Transvaal (Dr. Percy Yutar), who led the prosecution, announced that charges against Bob Hepple,

one of the accused, had been withdrawn, and that Hepple would now be called as a State witness. Refused Particulars

It was after Dr. Yutar had resisted the defence demand that further particulars of charges be given to the accused that the Judge gave his decision.

Mr Fisher, asking for the indictment to be quashed, declared that in applying for further particulars of the charges he met "a list of blank refusals.”

The State had, in effect, replied that the particulars were either matters of evidence or matters which were within the knowledge of the accused.

Dr. George Lowen, appearing for Kantor, said not enough particulars had been given to enable his client to prepare his defence.

“Kantor is held in the place of Wolpe who is not here. He is held for anything that Wolpe has done,” he said. Harold Wolpe and Arthur Goldreich escaped from the republic last August. The quashing of the indictments automatically post-

poned the trial until the State frames a new indictment. The Court, which was jammed, buzzed with excitement after the Judge gave his ruling. The well of the Court quickly resembled a Rugby crowd trying to get nearer the field of play as journalists, counsel, spectators and police milled about. Women relatives of the accused broke into tears as the accused were led to the cells. “Most Improper”

In giving his decision the Judge termed as “most improper” the State’s contention that when accused people asked for particulars of charges it should say to them that “this was a matter they knew all about.”

The Judge remarked: “That pre-supposes they are guilty. “I am satisfied that tile information they asked for should be given and the indictment cannot stand in the absence of that information,” he said. “It is not the function of the Court to draw an indictment for the State.” The Judge said if the application for quashing was not granted, it was possible that "the ridiculous position will be reached of the defence having to ask for an adjournment after each State witness has given evidence, to study that evidence. “The accused should be able to prepare tor a trial before the trial begins,” he said. 90-Days Law

The 10 accused were immediately held under South Africa’s 90-days law, which provides that people can be held for 90 days in solitary confinement without trial. The accused will now be detained without access to counsel until the State has redrafted the indictments and served them on the prisoners.