Identifier
Created
Classification
Origin
07PRETORIA2675
2007-07-31 16:10:00
CONFIDENTIAL
Embassy Pretoria
Cable title:
AQ KHAN TRIAL: POSTPONED UNTIL 04 SEPTEMBER
how-toVZCZCXRO7095 PP RUEHTRO DE RUEHSA #2675 2121610 ZNY CCCCC ZZH P 311610Z JUL 07 FM AMEMBASSY PRETORIA TO RUEHC/SECSTATE WASHDC PRIORITY 1021 INFO RUEHLO/AMEMBASSY LONDON PRIORITY 1252 RUEHRL/AMEMBASSY BERLIN PRIORITY 0530 RUEHTRO/AMEMBASSY TRIPOLI PRIORITY 0020 RUEHIL/AMEMBASSY ISLAMABAD PRIORITY 0581 RUEHSW/AMEMBASSY BERN PRIORITY 0176 RUEHAD/AMEMBASSY ABU DHABI PRIORITY 0142 RUEHKL/AMEMBASSY KUALA LUMPUR PRIORITY 0117 RHEBAAA/DEPT OF ENERGY WASHINGTON DC PRIORITY RUEHUNV/USMISSION UNVIE VIENNA PRIORITY 0197 RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY RHEHNSC/NSC WASHDC PRIORITY RUEAIIA/CIA WASHINGTON DC PRIORITY RHEFDIA/DIA WASHINGTON DC PRIORITY
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).
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
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