Judge disappointed at another arms-deal commission delay

Arms Procurement Commission chairman Judge Willie Seriti said on Monday he was disappointed at yet another delay in the commission’s proceedings.

The evidence of Armscor project manager Frits Nortje was postponed until March 17 to allow the commission’s evidence leaders to reach an agreement with arms-deal critic Richard Young to produce the documents he needed to cross-examine Mr Nortje.

Last week, Mr Nortje refused to testify because Dr Young had not produced the documents that he intended to rely on for cross-examination. The commission then ordered Dr Young to produce the documents to the commission by Monday afternoon.

Judge Seriti expressed his disappointment at yet another postponement.

"For how long are we going to accommodate Dr Young before we can have the evidence of Nortjé?" Judge Seriti asked.

Mr Nortje had been due to testify last year, but his testimony was postponed after Dr Young requested and was granted permission to cross-examine him. Dr Young then requested a number of requested documents from Mr Nortje.

In attending to Dr Young’s requests, Mr Nortje noted the level of detail with which Dr Young referred to each document that he requested.

Armscor’s lawyers then requested the commission in December to compel Dr Young to make a full and complete discovery of all documents in his possession related to the arms deal.

On February 14, nine days before he was due to testify, Mr Nortje was given a copy of Dr Young’s discovery "affidavit", which was not signed before the commissioner of oaths and had no accompanying documents.

In his affidavit last week, Armscor legal services manager Meshack Teffo said Mr Nortje could not successfully bring complete evidence before the commission without having sight of the documents Dr Young listed in his discovery affidavit.

"We bent over backwards to accommodate him and it has cost us a few months," Judge Seriti said, adding that he did not think the legitimacy of the commission would depend on one person.

Armscor counsel Richard Solomon SC said Armscor supported evidence leaders’ stance that a meeting be held with Dr Young in Cape Town this week.

"His main complaint seems to be that it will take him an inordinate amount of time to comply with the order," Mr Solomon said.

Another commissioner, Judge Hendrick Musi, said he hoped the meeting with Dr Young would bear fruit. "Time is of the essence. We have been delayed a great deal and we should move on," he said.

The commission is expected to continue on Tuesday with the evidence of Barry de Beer, Armscor’s manager of defence industrial participation agreements.