Special Hearings — Chemical And Biological Warfare Hearings — 1998-06-08

MR VALLY: The issue we're dealing with, are the criminal charges against Dr Wouter Basson, which trial is still pending.  We have discussed this issue with the Attorney-General in that whilst maintaining the format and the purpose of our hearing, we also were circumspect regarding his pending prosecution and in determining which witnesses to use, whilst not losing the integrity of our hearing, we were mindful of the needs of the Attorney-General as well, and the concerns he raised with us.  In this regard there are certain witnesses from whom we've received affidavits, but have not called, and I want to read into the record upon an enquiry to the Attorney-General as to what the provisional charges against Dr Wouter Basson were, his response was, they were the following - I have to emphasise that these are provisional charges.  I'll read the letter into the record.  We received this letter on June the 8th, which is today, and it's dated the 3rd of June 1998,
"RE WOUTER BASSON - Your enquiry of the 5th of May 1998 has reference.
1. The criminal investigation regarding Dr Wouter Basson is not concluded.  The provisional charges which are being investigated are the following
 (1) Instigation to murder - This charge relates to the assassination of Mr Orlando Christina and ...(indistinct);
 (2) Assault to do grievous bodily harm - this charge relates to the use of the so-called truth serum in the investigation and questioning of the alleged perpetrators in the Orlando Christina matter above;
 (3) Manufacture of 1000 kilograms mandrax; 
 (4) Manufacture of 1000 kilograms ecstasy - MDMA;
 (5) Possession of 100 capsules of ecstasy;
 (6) Possession of 2000 capsules of ecstasy-MDMA;
 (7) Possession of 1040 capsules of ecstasy-MDMA;
(8) Defeating the ends of Justice;
 (9) Possession of classified material;
 (10) A number of charges of conspiracy to murder (involving the alleged use of poison);"
The letter continues,
"... Once the investigation by the Office of Serious Economic Offences has been finally concluded, a further 10 charges relating to fraud, amounting to approximately R50 million rands will be joined to the above charges.  It must be emphasised that these are provisional charges which are being investigated.  It is possible that at the conclusion of the investigation some of these charges may not be preferred against the accused.  It is also possible that further charges may emerge."

CHAIRPERSON: What are you asking from us, Mr Vally?

MR VALLY: I've read that into the record, Chairperson, for the panel to be aware that whilst we try to maintain the integrity of our hearing, we are mindful of the fact that there are criminal charges pending, and therefor there will be some witnesses where we have received affidavits as opposed to instructing them to be here in terms of section 29.  We've don that only in respect of witnesses who will not in any way compromise the integrity of our hearing.  So, I wanted to place this on record and bring this to the attention of the panel.  Thank you, Mr Chairperson.

CHAIRPERSON: Mr Currin?

MR VALLY: Mr Chairperson, this issue has got nothing to do with Mr Currin.  These are general issues which I'm raising before we start with the first witness.

CHAIRPERSON: Yes, but I think it is his entitlement to say anything, or to say nothing.

MR CURRIN: Thank you, Mr Chairman.  I have nothing to say.

CHAIRPERSON: Thank you.

MR CILLIERS: Mag dit u behaag, agbare Voorsitter, ons het net oor die laaste punt - ten aansien van die laaste punt gemaak deur mnr Vally betreffende die feit dat in sekere gevalle eedsverklarings aan u beskikbaar gestel sal word.  Daar is vroeer, net voor die lang etensverdaging aan ons eens so 'n verklaring verskaf deur ene, Dr Immelman.  Ons het nog nie die geleentheid gehad om daarna te kyk nie, maar ons gevoel sal aan die einde van die dag wees, as daar enige inkriminerende getuienis was ten aansien van enige van ons kliente, sal ons die versoek aan u rig dat die betrokke persoon viva voce kom getuig voor u en dat dit nie toegelaat word by wyse van 'n eedsverklaring nie, maar ons sal mettertyd ons houding aan u openbaar wanneer ons die geleentheid gehad het om die betrokke redelike lywige verklaring behoorlik deur te gaan.  Soos u behaag.

CHAIRPERSON: It is therefore your attitude that you should play it by the ear until ...(intervention)

MR CILLIERS: That is the submission, Mr Chairman.

CHAIRPERSON: Any further submissions, Mr van Zyl?

MR VAN ZYL: Nothing, thank you.

CHAIRPERSON: Mr Vally, are you wanting us to make a ruling in relation - is there any of the legal teams wanting to make any submissions relevant to category 2, documents which will be referred to, but which we will be asked to rule that they should not be released to the public for publication?  No submissions?  Mr Vally, you have your ruling.

MR VALLY: Thank you, Mr Chair.  Well, we'll proceed now and call our first witness, that's Mr Jan Lourens - Dr Jan Lourens, I beg your pardon.

CHAIRPERSON: Before Mr Lourens testifies, as is customary, we will ask him to be sworn in, and I will ask advocate Denzil Potgieter to administer the oath.

JAN LOURENS: (Duly sworn in, states).

CHAIRPERSON: Thank you, advocate Potgieter.  Mr Vally?
EXAMINATION BY MR VALLY

MR VALLY: Thank you, Mr Chair.  Mr Lourens will you please tell us what you profession ...(intervention)

CHAIRPERSON: Before you proceed, Mr Vally, I would like to ask the members of the media, whilst we are not curtailing their right to take photographs, it should be done in a way that is not going to be intrusive and make the witness unable to perform the - and I will ask the Media Liaison Officer of the TRC to assist us in this regard.  There has been an arrangement for such issues to be dealt with in a way that takes into account the rights of camera persons as well as maintaining the decorum with which these proceedings should be run.  I will therefor ask for the co-operation of everybody in this regard.  Mr Vally.

MR VALLY: Thank you, Mr Chairperson.  Dr Lourens, can you please indicate to us what your profession is and your qualifications?

JAN LOURENS: Mr Vally, I am a business man.  My qualifications is, I hold a Bachelors degree in Metallurgical Engineering, a Masters degree in Industrial Engineering, and a Doctorate in Biomedical Engineering.

MR VALLY: We haven't asked you whether you have any statement which you want to read into the record before you commence, do you have any statement that you want to read into the record?

JAN LOURENS: No, Mr Vally.

MR VALLY: Thank you.  Can you tell us what your involvement with Doctor Basson was, from the very beginning?