Hijack judge agrees not to hear Army evidence

Press, 18 June 1982, Page 6

Hijack judge agrees not to hear Army evidence

NZPA-Reuter Pietermaritzburg A judge trying 43 mercenaries accused of hijacking an airliner after an abortive coup in the Seychelles agreed yesterday to a request by the South African’s Defence Minister that some evidence should not be heard. The; Minister (General ; Magnus Malan) had submitted an affidavit to Judge Neville James saying that evidence from some defendants and witnesses about their involvement in Army activities last year could prejudice; State security. 'Some of the accused have said that 4hey took part in the; attempted coup against the' Seychelles’ President (Mr Albert Rene) with the know-; ledge of the South African authorities. Defence lawyers last month submitted a South African Defence Force invoice for the delivery of Soviet-made AK47 rifles to the house of the mercenary leader, Mike Hoare, one of

the defendants. But the Defence Force has denied issuing call-up papers to 10 of the accused who are South African Army reservists. Among those affected by yesterday’s decision are two Army reservists originally charged with the mercenaries with hijacking the airliner from the Seychelles to South Africa in November. Charges against Theodores van Huysteen and Steyn de Wet were withdrawn at the beginning of the trial three months ago, but they were expected to be called as witnesses. In Victoria, the Seychelles capital, the trial of seven foreigners arrested after .the abortive coup also opened yesterday with a submission by their defence lawyer that they could not be tried for treason which carries the death penalty. The accused, six men and a woman, listened intently as Nicholas Fairbairn, the former Scottish

General, argued that treason charges against them be dropped. Only a citizen of the Seychelles could commit treason against it, Mr Fairbairn told the Court. The accused — three South Africans, two Zimbabweans and two Britons — were driven to Court in Army escorted by army guards. A big security force ringed the building. They are also accused of bringing arms into the country, which carries a maximum sentence of 20 years. After hearing arguments for the treason charge from the island State’s AttorneyGeneral (Mr Barnard Rassool), Justice Earle Seaton adjourned the hearing and said, he would give a ruling today. .The Seychelles authorities say that all but one of the accused formed an advance party for a main mercenary f-'ree which arrived at the ir.err.-Aional airport posing as a keer-drinking club.

They say that the mercenaries aimed to topple Mr Rene’s Left-wing Government and reinstate the man he ousted five years earlier, the former President, James 'Mane ham.

A fierce gun-battle broke out when weapons were discovered in their luggage and 43 mercenaries fled to Durban in an Air India jet. Mr Fairbairn represents six of the accused. The seventh, Martin Dolinchek, who says he is a South African intelligence agent, is defending himself. Asked to comment on Mr Fairbairn’s submission, Dolinchek, reading from a prepared statement, said: “I wasn’t party to the conspiracy to topple the popularlychosen leaders of these people.” He asserted that he took part in the coup attempt with the knowledge of his employers. South Africa has denied this and said he was not on active service when the attempt took place.