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State ordered to hand data to defence in terror trial

Publish date: 18 November 2019
Issue Number: 850
Diary: IBA Legalbrief Africa
Category: South Africa

The Gauteng High Court (Johannesburg) has ordered the state to hand over information requested by the defence relating to the case against terror-accused twins Brandon-Lee and Tony-Lee Thulsie. News24 says the state submitted that further information about the indictment, as requested by the defence, was not yet ready. It also submitted the reason for the delay was that some of the information had been wiped from a laptop while it was being backed up by the NPA's information technology department. The state submitted that it had, however, handed draft particulars to the twins' lawyers in the interim. But Advocate Annelene van den Heever, representing the brothers, submitted that they could not argue based on the draft information given to them by the state. Van den Heever told the court that among the pressing issues they had with the case was that of common purpose. 'The state failed to make mention of their reliance on common purpose in their indictment. And it's only during their draft that that issue was first time raised ... The issue of common purpose is particularly important and relevant to a request for further particulars,' she said. She added that the state was obliged to go to the heart of an allegation in terms of dealing with it in detail and submitting all the detail needed to the defence. Judge Rata Mokgoatlheng then ordered the state to provide the information no later than 22 November when the court will sit again. The brothers are allegedly linked to the self-proclaimed Islamic State group. The state alleges they were planning to detonate explosives at a US embassy and Jewish institutions in SA.

Full Fin24 report

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