BERNARD MAKGABO NGOEPE
Mr Wagner, there is something I want some
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clarity from you.  I read a letter that you wrote to us and you make the same point, and this point emerges again in the document that you have been reading on page 1:
"To prove this Mr Coetzee will once again have to be cross-examined on each and every incident and allegation.  In view of the many occasions where he has testified in the past and all the different versions given by him up to date, proper examination in this regard would last for a couple of weeks.  This the Committee has indicated to me is quite impossible, inter alia, in view of the time constraints applicable to this forum".
Now, I am not so sure I understand what you are conveying, but let me tell you the impression - one of the possible impressions which may be conveyed by this what you have said which causes me problems.  An impression may be gotten from what I have just read that you are saying that the Committee has told you that you would not be allowed to cross-examine Mr Coetzee, and if that is what you are saying I would be happy to know why you say that because as far as I know, people who so wish and people who have got interest in proceedings can have legal representation which entails that if they want to put questions to witnesses they are allowed to do so.  But of course, like in all other tribunals, be it a court of law or not, cross-examination must know some limits.  The Committee allows cross-examination, but like all other proceedings, no cross-examination can be limitless, but the point I am making to you is that the Committee has never barred anybody from cross-examining. Bearing in mind of course the fact that cross-examination must know limits
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in all proceedings.   We have never barred anybody from cross-examining witnesses.  Neither did we, to the best of my recollection, and I want to make that point because you have been reading this thing into the record, you have raised it in the previous letter, let it be known that we did not bar anybody from cross-examining witnesses nor shall we do so.  In fact, we have drawn some guidelines.  This Committee has drawn some guidelines which advises practitioners and other interested parties as to how we intended to conduct our proceedings and it was in those guidelines that we indicated that people would be allowed to put questions.  That included legal representatives of people in your client's position.  We have circulated copies of those guidelines and I am sure Mr Mpshe would have given you a copy thereof.  So to the extent therefore that you are conveying or giving the impression that your client has been denied the right to cross-examine Mr Coetzee, I must tell you that that has not been the attitude of the Committee.