Amnesty Hearings — Johannesburg — 1999-04-13

<UNKNOWN>: MICHAEL BELLINGAN

APPLICATION NO: AM 2880/96

MATTER: MURDER OF MRS BELLINGAN
POSTPONEMENT

DAY: 1

CHAIRPERSON: We want to start.  For the record, it is Monday the 12th of April 1999.  It is the continuation of the amnesty application of Michael Bellingan.  The Panel is constituted as previously indicated on the record.	Now, it has been indicated to us that Adv Hattingh, you have been instructed to continue the application on behalf of Mr Bellingan.  Is that correct?

MR HATTINGH: That is correct Mr Chairman.

CHAIRPERSON: Now, what is our position in regard to the continuation of the application itself?

MR HATTINGH: Mr Chairman, as we indicated to you, having received the instructions last week Wednesday, after the withdrawal of Adv Du Plessis, I commenced my preparations but I am not yet in a position to proceed today, I am not yet fully prepared to pursue this matter.
	However, before dealing with that, I would like to just point out that also not having met Mr Bellingan, the client, previously and only met him here this morning for the first time, as arranged with Mr Chaskalson, I did not discuss anything with him at this stage, naturally he is under cross-examination, I am not entitled to speak to him, or discuss any merits of the matter at this stage.
	However, I not only, or apart from the merits of the matter, there are also the whole issue of my representing him, number one, and his instructions with regard to the pursuance of this matter and the logistics thereof in the sense that my own feeling is that I am not yet fully prepared, I can't really, I will deal with the opportunity that I am going to request to enable me to prepare, but I would also like to get the input from the client as to what his feelings are as to how this matter should be pursued with new counsel.

CHAIRPERSON: You  mean even given your instructions in regard to your intended application for an opportunity to properly prepare?  Are you saying that in order to be able to meaningfully address that application to us, you might have to speak to your client not about the merits of the matter, but in regard to the logistics and the issue of a possible postponement or whatever it might turn out to be?

MR HATTINGH: Absolutely Mr Chairman.  From my side, I am the only person to address this hearing on whether I am prepared to pursue this matter and proceed in this matter.  However, it is twofold, I need the instructions from client as to my request for more time for the postponement or for the matter to stand down until such time as I am ready to pursue the matter.
	And it is only with regard to that that at this stage, even before addressing you on my own position and my request for how many days I would like this matter to stand off or whatever to enable me to be fully prepared, I would like the opportunity of just discussing this issue with client, not dealing with any merits. 
	I am even prepared, not prepared - anyone from the other interested parties may also sit in and be present when I discuss this with client.  That is all I would like to get from client, is his instructions on what my request, my application with regard to the postponement of the matter should be.

CHAIRPERSON: So are you asking at this stage for an opportunity to discuss these things that you have just referred to, with your client?

MR HATTINGH: That is correct Mr Chairman.

CHAIRPERSON: Mr Trengove ...

MR TRENGOVE: Mr Chairman, certainly I have appreciation for my learned friend's position and on the basis of his assurance of the limited scope of the discussion, we don't have any objection at all.
	I have already told him, but I might as well put it on record, that we do propose to oppose any attempt to postpone these proceedings.  So if he is going to talk to his client, he might as well have such discussion with him as might be necessary to make an application for a postponement, on the assumption that it will be opposed. 
	Any discussion that they need to have in order to justify their application, should as a matter of convenience, take place at the same time.

CHAIRPERSON: Thank you Mr Trengove.  Mr Wagener?

MR WAGENER: Mr Chairman, the present request by Mr Hattingh merely to have a short discussion with his client for purposes of the logistics of the trial as such, that seems to be fair Mr Chairman.

CHAIRPERSON: Mr Cornelius?

MR CORNELIUS: Thank you Mr Chairman.  I understand my colleague's predicament.  I am also of the intention to oppose the application for a remand.  But I have no objection to the adjournment for consultation.

CHAIRPERSON: Thank you.  Mr Chaskalson?

MR CHASKALSON: I have no objection to the conversation, but will also be objecting to the postponement.

CHAIRPERSON: I am sorry, I missed out on the Union.

MR NOTT: Thank you Mr Chairman.  We will also not oppose the consultation, but we intend to oppose the postponement, the application for postponement.

CHAIRPERSON: Thank you.  Mr Hattingh, I think you have heard what the attitude of the other legal representatives is, perhaps it is advisable, of course it is for you to deal with the matter, perhaps it is advisable to also try and elicit information from your client that might be of assistance in first of all explaining the absence of Adv Du Plessis this morning, and it might assist you in dealing with an opposition to your application for time.
	Now, I would like to get an indication as to how long this initial process would take you, because as you are well aware, we are under some time constraints and you know, time comes with a premium.
	Are you able to give us some indication?

MR HATTINGH: Mr Chairman, I believe that we can get that over and done with within ten minutes, it is just a matter of getting his instructions on this issue.  I don't really foresee that it is going to take any much longer than that.

CHAIRPERSON: All right, I won't waste any further time.  We will stand down for a short while, just to enable Mr Hattingh to deal with the issues that he had raised.  We are adjourned.
COMMITTEE ADJOURNS