Terror twins case 'not a normal case'

Twin brothers Brandon-Lee and Tony-Lee Thulsie are facing three counts of terror related charges.

Twin brothers Brandon-Lee and Tony-Lee Thulsie are facing three counts of terror related charges.

Published Jan 17, 2017

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Johannesburg – The case against terror accused twins Brandon-Lee and Tony-Lee Thulsie was postponed in the Johannesburg Magistrate's Court on Tuesday.

State prosecuter Chris MacAdam on Monday made an application for a further postponement as the state needs more time to finalise the investigation.

On Tuesday, he told the court he was waiting for a document from a senior official as well as outstanding international evidence.

The twins were arrested in July 2016 and have been charged with conspiracy and incitement to commit the crime of terrorism and conspiring and attempting to commit acts associated with terrorist activities.

MacAdam explained to the court that the request for a further postponement was because this was not a normal case with only local evidence.

"The major issues relate to securing key evidence from foreign states," MacAdam said.

"We were only notified the day before the previous appearance from the British officers about links to the case. We have always said to this court that there was an undercover agent from the US government who was part of investigations." MacAdam said there were service providers based in the United States who were conducting their own investigation.

"They have said if they are not tried in South Africa an application for extradition will be made. We are waiting for information from undercover investigations from the United States and by end March they will give us feedback."

Macadams said that suspects linked to the case had been arrested in Kenya and the United Kingdom, and the state was still awaiting information on those cases.

He also said Interpol was assisting the state with getting further information about the twins making attempts to leave for the Islamic State in Syria from Maputo.

"We are still waiting for the Mozambique evidence. We haven't been sitting back."

The Turkish and Syrian governments were also approached for information that will assist their case as there was information indicating that the twins were considering travelling to those countries.

"It is serious and we are under international obligations. If we are to investigate properly time is needed. This case is unusual. What is clear is that the state did not know of the involvement of foreign countries. The state has taken steps to get the international evidence."

Defence attorney Advocate Annelene Van Den Heever said that no one could be detained indefinitely and should be brought to trial as fast as possible.

"We are going to submit that the rights of the accused are being infringed," Van Den Heever told the court.

She went on to recap the history of the case to the court, dating back to when the investigations began and when the twins were arrested.

"One of the things this court has to take into account is the history of the case. There are numerous affidavits that state the facts that there has been mutual communication with foreign officers since July".

Van Den Heever argued that the investigations had gone on for too long: "There is no justification at this late stage to further investigate."

She accused the state of having "wishy washy" evidence. The mother of the twins sat in the public gallery crying, with family members seated next to her.

Magistrate Pieter du Plessis postponed the case to Friday when the state and defence are expected to deliver their heads of argument.

African News Agency

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