Accused ‘is ill and not a fugitive’

CONVICTED Dutch national Guus Kouwenhoven, sentenced in absentia for his involvement in the war crimes of former Liberian president Charles Taylor, was not a fugitive, the Cape Town Magistrate’s Court heard.

The 75-year-old was arrested on Friday after allegedly being on the run for two years. He faces a 19-year jail sentence in the Netherlands for crimes committed in Liberia between 1999 and 2002.

Yesterday, his defence advocate, Laurence Hodes, made submission before magistrate Vusi Mhlanga on why he should be released on bail.

Hodes said the onus was on the State to prove that releasing Kouwenhoven was not in the interests of justice.

“The applicant is not a fugitive from justice. That statement can’t be further from the truth.

“He has not flown out of South Africa since December 18 last year. He has been too ill to travel. He has no previous convictions nor does he fall under Schedule Five or Six. We have an accused person who is entitled to bail,” said Hodes.

Kouwenhoven was convicted and sentenced in the Netherlands on April 21 last year.

In May the Dutch government sought extradition, but that extradition was denied as it did not comply with South African law. The documents were sent back to the Netherlands to be redone.

It was only after seven months that the South African government ordered Kouwenhoven’s arrest – a few days after the he appealed against his Dutch conviction and sentence.

Hodes said the seven-month delay exceeded the 18 to 40-day limit stipulated in the European Convention on the Extradition Act.

“The State is saying this country should start a trial. This is impossible. We cannot start a trial dating back to about 18 years with about 150 witnesses,” he said.

Hodes said Kouwenhoven disclosed all information to the Dutch government with a medical report indicating he was not fit to travel for the trial. Hodes said the only way that Kouwenhoven would travel was if he first had an extradition hearing where he would be able to defend himself.

Regarding his visa application which was granted in August and temporary residence granted a month before, Hodes said his client disclosed all information to the authorities.

The case has been adjourned to today.

“THE APPLICANT IS NOT A FUGITIVE FROM JUSTICE. THAT STATEMENT COULDN’T BE FURTHER FROM THE TRUTH.