October 5, 2001

The Freedom of Expression Institute welcomes the decision by the state to withdraw the subpoena calling former Cape Times photographer Benny Gool as a witness in the murder trial of gangster Rashaad Staggie.

However, FXI calls for a complete withdrawal of the subpoena, we feel for the state to say it could issue a fresh subpoena if necessary does not solve our problem. The subpoena against Gool has serious implications on free flow of information and the safety of the journalist concerned, and it will be improper for the state to continue with the matter.

The state indicated that "at this stage" it does not intend calling him as a witness. The state attorney, in a letter to Gool's legal representatives added, however, that "our client (the state) still proposes to consider whether your client will be needed as a witness, and if so, a fresh subpoena will be issued".

The letter states: "Your client's allegation that the subpoena is defective is disputed. However, our clients have instructed us to inform you that the prosecution will not, at this stage, call your client in the trial. Our clients accept, for this purpose only, that no valid subpoena exists."

Since Staggie's murder on August 4 1996, subpoenas have been issued for Gool to appear as a witness in the trial on five different occasions: in August 1996, August 1998, December 1998, and May 2 and 15 this year.

Gool has refused to appear each time, citing the protection of the integrity, independence, impartiality and freedom of the media as his main reasons. Gool was present on the night of Staggie's murder and took pictures of the incident, published in the Cape Times.