Nigeria Content Online

The South African Police Services
(SAPS) must make available copies of the hard drive of computers and
cell phone memories seized from suspected terrorist Henry Okah to his
lawyers “no longer than three working days” after Friday’s sitting.

The order came from presiding
magistrate Henry Louw as he considered an affidavit filed by Mr Okah
requesting for the records, as well as telephone numbers and the
identity of those whom the prosecution claims Mr Okah gave instructions
to over the bombing.

Mr Okah’s affidavit, as read by
his lawyer Rudi Krause, also requested the warrants issued towards the
search of his house and subsequent arrest.

Prosecution lawyer, Shaun
Abrahams, in his opening arguments, said “the state will make
concessions,” but would not allow Okah to “peep over the shoulder of
the investigating authorities.” He insisted that due to the
“connections” Mr. Okah had, “if we accede to all of his requests, we
strongly believe that he will interfere with the investigation. The
applicant is wanting to know step by step how Colonel Zeeman and his
team are investigating. He does not want Ben Ebere to be found,” Mr,
Abrahams said.

But Mr Okah’s lawyer, Rudi Krause
said his client’s phone records had been reviewed by his legal team and
“there’s nobody he had phoned so many times,” in reference to 1126
calls which the prosecution stated was made by Mr. Okah to Ben Ebere
between 7 August and 29 September 2010.

He said evidence against Mr. Okah
did not exist and asked: “is the state serious when they say the
applicant is not entitled to know who his co-conspirators are? And how
on earth can that jeopardise the investigations?”

Judge Louw subsequently accepted
the prosecution’s willingness to furnish Mr. Okah’s lawyers with copies
of his telephone call records and computer hard-drive as well as the
affidavits. He, however, ruled that the prosecution would only be
obliged to produce further evidence when the case moved on from a bail
application to the trial proper.

The Cybercrime Unit of SAPS is
willing to provide the records to Mr. Okah’s lawyers, so long as they
have a 2 terabyte memory stick on which to store the information,
according to Mr. Abrahams.

This points at more legal fireworks when the court resumes on November 4 to continue hearing on Mr. Okah’s bail application.