The state may now be forced to reveal evidence in the case docket of the terrorism-accused Thulsie twins before the matter even goes to trial.
This after the twins’ council, Annelene van den Heever, yesterday applied to challenge the arrests of the twins, 23, on the basis that they were conducted unlawfully and unconstitutionally. State prosecutor Chris McAdam appeared taken aback and apprehensive when Magistrate Pieter du Plessis asked him to, in his reply to the twins’ challenge, inform the court as to the evidence which supposedly gave the state a prima facie case which led to the arrests of Brandon-Lee and Tony-Lee Thulsie.
McAdam was informed by Du Plessis that he would have to prove that the case had a legitimate case against the brothers which justified their arrest and continued detention. Should the state fail, the court may release them immediately.
McAdam then tried to convince Du Plessis to allow the state to make the evidence he intends in a closed court, to which the magistrate agreed, provided McAdam was able to convince him as to why it should be so when court reconvenes.
The magistrate also reminded McAdam that once the defence was furnished with that evidence, it was their prerogative to disclose it to the public.
What began as proceedings for bail application earlier this week may now lead to an abrupt end to the bid to have the brothers stand trial for terrorism under the influence or instructions of international extremist group IS (Islamic State).
They were arrested on July 9 for allegedly plotting to attack the United States embassy in Pretoria, as well as unspecified Jewish institutions in the country. The Thulsie brothers were blocked twice in 2015 from traveling to Syria; once from Johannesburg and once via Mozambique, which the state alleges was in order to fight for IS.