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Thatcher attends 'coup plot' case

Sir Mark Thatcher has appeared in court in Cape Town as his lawyers argued against an order forcing him to answer questions about a suspected coup plot.

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Sir Mark Thatcher (centre) arriving at court in Cape Town

They are contesting, over two days, the agreement of South African officials to a request from Equatorial Guinea.

Equatorial Guinea prosecutors want to question the 51-year-old about claims he helped fund a coup plot there.

His lawyers argue that could prejudice his trial in South Africa for alleged mercenary activity, charges he denies.


They say they are also in court to defend Sir Mark's right to remain silent on the issue.

His legal team has submitted more than 80 pages of argument to the Cape Town High Court and three judges are hearing the case, expected to finish on Wednesday.


Sir Mark, the son of former UK Prime Minister Margaret Thatcher, sat behind his legal team on Tuesday as they told the court he was innocent of all charges and was confident he would be acquitted.

They argued that having to answer questions from Equatorial Guinea officials would also prejudice the trial of 14 suspected foreign mercenaries being held in the west African country.


Lawyer Peter Hodes said it was unconstitutional to subpoena Sir Mark to respond to those questions while a trial was pending in South Africa.

He added that the South African government would be assisting Equatorial Guinea in an unfair trial.

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Lawyer Peter Hodes argues the case for Sir Mark Thatcher


"What we are dealing with in Equatorial Guinea is a military tribunal or there is a good possibility that it is," Mr Hodes said.

He went on to accuse Equatorial Guinean officials of lying about statements obtained from suspected coup plotters in order to convince South African authorities to question Sir Mark.

They had claimed the suspects had given confessions voluntarily and legitimately, Mr Hodes argued, but the men later said they were tortured and coerced into confessing.

South African justice ministry spokesman Kaizer Kganyago said before the hearing: "We will present our case according to our legislation - the International Co-operation in Criminal Matters Act."


Barnaby Phillips, BBC News correspondent in Johannesburg, said Sir Mark's appearance at the hearing was something of a surprise.


"He didn't have to be there. Given that South African TV cameras have been given permission to film inside the court, it was widely assumed he wouldn't be," he said.

"Mark Thatcher is really just an observer in court, albeit a highly interested one."


The hearing is the first to be broadcast live on South African TV from a court, following a judgement in favour of the South African Broadcasting Corporation.


Sir Mark was arrested in August by South African police and released after posting bail of £167,000, reportedly paid by his 78-year-old mother.

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The court case is the first to be broadcast live on South African TV

He is accused of helping to fund the purchase of a helicopter, breaching laws banning South African residents from taking part in foreign military action.

His lawyers maintain that the funds were an investment in an air ambulance venture for west Africa.

He could face 15 years in jail if convicted.

The questions about Sir Mark's role in the alleged conspiracy to topple Equatorial Guinea's president, Teodoro Obiang Nguema, had been due to be put to him on 22 September.


But the hearing was postponed when South Africa's justice ministry said it needed more time to prepare.

Last month, former British SAS officer Simon Mann, suspected of leading the alleged mercenaries, was jailed for seven years in Zimbabwe for illegally trying to buy weapons.

http://news.bbc.co.uk/2/hi/uk_news/3651734.stm