Surprise pull-out from Basson trial
Prosecutor demands pay

PRETORIA -- Anton Ackermann, one of the senior state prosecutors in the trial of apartheid state chemical warfare expert Wouter Basson, withdrew from the trial yesterday over an unpaid bill.

Ackermann said he would only continue when the Department of Justice had repaid him the R12000, plus interest and banking costs, that he had had to pay out of his own pocket to Belgian businessman Bernard Zimmer, who testified in the trial last week.

"I know it is a drastic step and I don't want to put the department in a bad light, but this adds to the perception of our declining legal system."

Ackermann said that when he was tasked with prosecuting the case in 1998, he drew up a report making it clear that Basson's trial would be expensive and the director-general of Justice, the then Public Prosecutor's Office and several ministers were aware of this.

In June this year Ackermann persuaded Zimmer to come to South Africa to testify in the case -- resulting in savings of between R200000 and R300000 for the state.

Ackermann said he handed in a full account for Zimmer's flight and accommodation costs on July 20, with the understanding that Zimmer had to be paid by August 17.

Despite numerous telephone calls by Ackermann, his juniors, a police officer and even a personal visit to the officials involved by the other senior prosecutor in the case, Torie Pretorius, no payment was forthcoming.

Ackermann said he had told at least four people of his intention to withdraw if Zimmer was not paid.

The National Directorate of Public Prosecutions was also told.

Last Friday, Zimmer's last day in South Africa, the amount was still outstanding, in spite of more calls to officials, so Ackermann paid him from his personal account.

Ackermann said he would return to the trial when he was paid.

He has appointed a junior prosecutor to lead the evidence of state witnesses in the meantime.

Presiding Judge Willie Hartzenberg said: "I've been involved in the legal process for several decades and this is the first time that the progress of a trial has been compromised because a prosecutor has had to take care of costs personally to ensure the continuance of the case.

"It is imperative that prosecutors at least receive the necessary financial support from the state. If this does not happen, it could create an untenable situation and cause unjustifiable delays.

"It can result in a situation where the state has to close its case because of a lack of funds, which in itself can have serious repercussions.

"I am waiting in suspense to see what happens in future," he said.

Basson has pleaded not guilty to 27 fraud charges, involving more than R80 million, and to 34 charges ranging from murder and conspiracy to drug trafficking.

The trial continues. -- Sapa