AQ KHAN TRIAL: POSTPONED UNTIL 04 SEPTEMBER

C O N F I D E N T I A L PRETORIA 002675 SIPDIS SIPDIS DEPT FOR P, T, ISN/CPI, AF/S E.O. 12958: DECL: 07/31/2017 TAGS: PARM MNUC PREL KNNP SF SUBJECT: AQ KHAN TRIAL: POSTPONED UNTIL 04 SEPTEMBER REF: PRETORIA 1933 AND PREVIOUS Classified By: Acting Deputy Chief of Mission Elizabeth Hinson. Reason s 1.4(b) and (d). ¶1. (C) The trial of A. Q. Khan network proliferators Daniel Geiges and Gerhard Wisser resumed on 31 July before the Pretoria High Court, but the proceedings were not nearly as juicy as media observers had anticipated. Wisser's attorney immediately moved for postponement to 04 September, citing "certain difficulties" in preparing for trial, and requested that bail be extended under existing conditions. Geiges's attorney cited three separate medical certificates documenting the fact that his client would not be medically able to stand trial for at least eight months, concurred with the request for postponement, and asked that the provisional warrant issued at the 01 March court appearance be canceled now that Geiges' medical condition had been satisfactorily established. ¶2. (C) The NPA prosecutor made clear that the State had expected to commence presentation of evidence at this appearance and was fully prepared to do so, should the judge so require. However, given the seriousness and complexity of the charges, the State found the defense's request for a one-month postponement "not unreasonable" and therefore would not oppose it. The prosecutor confirmed the State was satisfied that Geiges was medically unable to be present and indicated issuance of a warrant and/or initiation a formal inquiry were not necessary. However, the State requested that Geiges be subjected to a full medical examination by an independent medical expert and that the results of that exam be shared with the prosecutors prior to 04 September. Geiges' attorney agreed and undertook to make the necessary arrangements. ¶3. (C) Judge Labuschagne requested and received the State's formal concurrence with the defense's requested postponement. He requested and received confirmation from Wisser's attorney that the postponement would result in a shortening of the trial. With these assurances, the judge ruled in favor of the motion to postpone, canceled the provisional warrant for Geiges, and declared that bail would be continued under existing arrangements. ¶4. (C) COMMENT: Today's session, scheduled to be conducted in open court, was expected to be substantive with the State offering opening arguments and introduction of evidence. Primary public broadcaster SABC had a camera crew present and reporters from several major print publications also were in attendence. Ironically, the Mail & Guardian had no reporter present, despite leading the fight to block the State's prior request for blanket in camera proceedings. END COMMENT. Bost