Pretoria trial sentences

Press, Volume CXII, Issue 33064, 3 November 1972, Page 9

Pretoria trial sentences

(N.Z.P.A.-Reuter—Copyright)

PRETORIA, November 2

Four Indians found guilty of conspiring to overthrow the South African Government by violent means have received minimum sentences of five years imprisonment under the Terrorism Act.

Mohamed Salim Essop, aged 22, a medical student, Yousuf Hassan Essack, aged 22, a clerk, Indhrasen Moodtey, aged 27, a university lecturer, and Mrs Amina Desai, aged 51, a business-woman, had all pleaded not guilty. After passing sentence, Mr Justice Snyman granted leave to appeal. The four were found guilty of conspiring with Ahmed Timol, a young Indian teacher who died in a fall from police headquarters in Johannesburg last year, and with the banned South African Communist Party and the African National Congress. Mr Justice Snyman said he had taken into account that three of the accused were young, and had been misled by Timol. In Mrs Desai’s case, he took into account her age and intelligence, but he said that he could not accept that such a woman, who was found to have allowed Timol to use her house and car for his “diabolical activities," could have co-oper-

ated for so long without realising what she was doing. The judge told Essop that he had the right to protest against unfair laws, but not by illegal and violent means: the protest must be peaceful. “I am very sorry for you,” he said, “but I must carry out the law.”

Mr Justice Snyman said that to sentence Moodley, who was still a minor when he met Timol, was particularly painful. He did not blame him for wanting to change laws which caused grievances, but this could not be done by means of a conspiracy which could have led to death and misery for thousands. He had also taken into account that the conspiracy had not yet led to violence.

Timol and those sentenced yesterday were among about 180 people detained in police raids in October of last year. This is believed to be the only case which has resulted in prison sentences, though some have been freed on appeal after being convicted.