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South Africa: Prosecutors Seek Appeal in “Dr. Death” Case South African prosecutors yesterday announced they would appeal the acquittal of Wouter Basson, the former head of apartheid-era South Africa’s biological and chemical weapons program (see GSN, April 11). Prosecutor Anton Ackerman asked Judge Willie Hartzenberg for leave to file an appeal immediately after the judgment was read, according to the South African news agency News24. Basson faced 46 criminal charges, including murder and attempted murder of anti-apartheid activists. “I can understand you are unhappy, but shouldn’t you first read the judgment?” Hartzenberg asked Ackerman. Hartzenberg said he would hear the State’s application for an appeal on April 29 and decide whether several of the prosecution’s witnesses qualify for indemnity. The witnesses had been promised amnesty for testifying against Basson, dubbed “Dr. Death” by the media, according to News24. Hartzenberg criticized the prosecution for trying to force the defense to show Basson’s innocence, rather than trying to prove his guilt beyond a reasonable doubt. The prosecution had decided what the truth in the case was, but did not try hard enough to also convince the court, he said. The South African government is dismayed at Basson’s acquittal, said Sipho Ngwema, representative for the South African National Directorate of Public Prosecutions. “But we are not surprised,” Ngwema said. “We have said the judge must stand down because he was biased. In that context, what we saw today came as no surprise at all” (Mariette le Roux, News24.com, April 11). In February 2000, prosecutors in the Basson case attempted to persuade Hartzenberg to recuse himself on the basis that he was biased toward Basson and had prejudged the state’s evidence before trial, according to the London Guardian. It was the first time in South African history that prosecutors called for a judge to recuse himself. During the trial, Hartzenberg indicated his support for the apartheid-era South African military, the Guardian reported. Hartzenberg’s brother is also the former head of the South African pro-apartheid Conservative party, according to the Guardian. South African legal experts, however, said Hartzenberg has a reputation for being fair and reasonable. Basson’s acquittal was “completely outrageous” and “highly immoral,” said African National Congress spokesman Smuts Ngonyama. The ANC does not think this will be the end of the case, he said (Mungo Soggot, London Guardian, April 12). Basson today said any appeal against his acquittal would be a waste of money. “It goes beyond me as a medical man that the state can at this stage still waste money and time for an appeal when there are urgent matters that need addressing,” Basson said at a speech at the Pretoria Press Club. An appeal would cost about $180,000, which would be enough to provide 25,000 pregnant women and their children with anti-AIDS drugs, Basson said. He estimated that his entire two-year trial cost more than $3.5 million, which could have bought 5 million doses of the anti-AIDS drug nevirapine. “Enough for South Africa and most other countries around us,” Basson said. Basson said he was angry at the ANC statement yesterday that his acquittal is a setback to national reconciliation. “If this means that innocent must be found guilty for the sake of reconciliation, I cannot think of bigger rubbish,” he said (News24.com, April 12).
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