Special Hearings — Chemical And Biological Warfare Hearings — 1998-07-29

YASMINE SOOKA: Could you tell me why you have not been able since the 22nd of July, today is the 29th, been able to make the proper arrangements to appear before us with legal assistance?

WOUTER BASSON: The basic reason is that the legal team had been busy preparing for the High Court application and that in the process I could not find any other legal representation from the Defence Force even though we had discussions with them we got no undertaking from them that they would support me any further.  In this process I then decided to try and find alternative solutions.  I have been looking for alternative solutions for the past week or so.

YASMINE SOOKA: If I understand what Mr Vally has conveyed to this panel it relates to the fact that the person who is responsible for legal representation at the Defence Force has indicated that he was never approached on that particular basis.  Could I hear what you have to say in that regard please.

WOUTER BASSON: I personally approached the person concerned and he told me this himself.

YASMINE SOOKA: Is this Colonel Kaiser?

WOUTER BASSON: That is correct, yes.

YASMINE SOOKA: Thank you.

CHAIRPERSON: Dr Randera.

DR RANDERA: Dr Basson just tell us when did you approach Colonel Kaiser?

WOUTER BASSON: It was shortly after the High Court application.  I cannot remember the dates.

DR RANDERA: Dr Basson you know earlier Ms Sooka asked whether you are a responsible person and you said you were.  I am not a legal person so you'll excuse me if I don't use the language that is being used here.  It appears to me that we are involved in a very bad chess game at the moment, but it's not as if this has just suddenly been put onto your table to say let's do an angiogram tomorrow morning and you are not aware of it.  You have been coming to these hearings.  Your legal representatives made - took us to court against a decision that was made within these rooms. There was ample time for you to approach the military people long before.  I mean you said earlier on that you knew on the 22nd of July that all these legal representatives that you are talking about would not be available, yet you only approach Colonel Kaiser after the judgment is made on Monday, did you not say that?

WOUTER BASSON: No I am afraid you made a factual mistake there.  I approached Colonel Kaiser after we became aware of the notice of motion, in other words after we became aware of the fact of the possibility that I might have to testify on the 29th, and after it was written into my affidavit that my legal representatives would not be available.  I did not wait until after the judgment, I discussed it with him before the judgment.

DR RANDERA: But Dr Basson it does appear - I mean Mr Vally said earlier on it seems as if there is an attempt to sabotage these hearings, and we are now - earlier on we were being told that you would want a postponement.  Now again the understanding, the goal posts have shifted once more and if these legal representatives are not available we may not be able to have the hearing, and you know we finish on the 31st of July as you are well aware, now how are we meant to take these procedures forward?

WOUTER BASSON: I am afraid that the perception that you have gained might be your perception or it might be shared by the rest of the panel at no stage did I attempt to delay anything.  I have tried to look after my legal rights.  Mr Vally's long speech about discussions to and fro, I was under the impression that I could exercise my Constitutional right to remain silent, and in my awaiting of the documentation, which I have received at a very late stage, I think I only received it at the end of May together with the order to appear here today I decided not to answer these questions.  And it happened that I was later on advised by my legal representatives that I must inform Mr Vally that I will not answer the questions.  This was changed by the fact that Judge Hlophe ordered me to testify.  Now this would give me satisfactory protection for myself in the sense that I will, together with my legal representatives answer these questions.  This would be satisfactory for me.
 The offer, and I do not like the word offer, but the possible compromise to save the time that might be lost in an attempt to put together a legal team for me, that some of this time could be saved with written answers which will not be done in terms of a request from anybody but in terms of Judge Hlophe's order.  That is how I see this aspect.  
 I have not tried to delay anything.  The week of the 8th or 12th of June I attended the hearing, time could have been saved by having me testify on the Monday instead of the Wednesday.  I do not want to go into those issues.  I am not convinced and I do not believe that I have done anything to delay the procedures before this Committee.
 My personal contribution, my responsibility and what I have read of the record of the Truth Commission I am not convinced that I can contribute to a great extent to what has been heard before the Commission.  What has been said before was said by inferiors and some of my superiors.  I am not sure how I can contribute to that.  Even though I do have certain doubts I am here this morning and I did what the Judge told me to do.  The only thing I asked was that everybody knew beforehand that I would not have a legal representative available for this hearing.  This does not make me less responsible.