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Pretoria - An urgent bid by Czech fugitive Radovan Krejcir - who is awaiting sentencing on kidnapping, attempted murder and drug-related charges - to be moved to another prison and have access to private doctors has been dismissed.
Judge Joseph Raulinga ruled that the application was not urgent and that Krejcir had not exhausted all of his internal remedies.
Krejcir complained that he was assaulted and electrocuted at the Zonderwater prison after police discovered an alleged escape plan.
He wanted a final interdict to prevent any further assaults, but Raulinga found that no such assault had been
proven. Two doctors who examined him in October found no evidence to support his allegations, apart from a small mark on his wrist.
Krejcir asked the court for urgent access and treatment for a range of conditions, including depression, and to be moved to a facility where he could have contact with other inmates, but correctional services said he was a security risk.
He 'spoiled his own broth'
He also wanted the court to order that all notebooks and documents seized from his cell during an earlier prison raid be sealed and his lawyers given access to them to determine which parts were privileged.
He also sought an order for the return of his seized television set and gym equipment, the right to have contact with his family overseas by means of Skype and the right to consult in privacy with his lawyers.
Regarding Krejcir’s complaints that he did not receive adequate medical treatment, Raulinga found that he was referred to state medical doctors for all of his complaints and received adequate treatment.
He pointed out that Krejcir had up to date not provided the investigating officer with the name of any private doctor he wanted to consult.
He said, while prison authorities were considering a request for Krejcir’s transfer to another section of the prison, he became involved in an escape plan and they had no alternative than to abandon their endeavours.
"Therefore the applicant spoiled his own broth and did it at his own peril," he said.
'The horse has already bolted'
The judge pointed out that a pocket knife, 9mm pistol ready to be fired, two magazines, four cellphones, two hacksaw blades, six sim cards, eight memory sticks, a screwdriver, cable ties and double-sided tape were discovered in Krejcir’s cell during a raid.
A diary containing notes and information invaluable for an escape plan and other illicit activities was also confiscated.
During a further search, a notebook was discovered containing a plan and photos of the prison, a marked area where a helicopter could land and the names of other inmates.
The documents and contraband items were handed over to the police and are currently the subject of a police investigation.
"He may not demand the return of documents pending the finalisation of the investigation relating to the escape and contraband found in his possession.
"This seems to be a very serious issue that requires intensive investigation. If the documents are sealed, it will hamstring the police investigation and jeopardise progress in the finalisation of the case.
"The horse has already bolted in that the police already had insight into the documents," he said.
'The applicant misused the privilege granted to him'
Raulinga found that Krejcir’s right to consult in private and without interruption with his lawyers had been violated, but stressed that Krejcir "was not an ordinary person to deal with".
"He does not make the work of the state officials easy at all. While he must be granted facilities and time to consult, this must be done with great caution.
"His rights may have to be limited in view of the situation state officials find themselves in. They sit between a hard place and a rock. These rights must be balanced," he said.
Raulinga stressed that the gym equipment was used as a hiding place for the firearm and ammunition and were to be used as exhibits relating to the attempted escape. A day before his urgent application, more contraband was found in his cell.
"The applicant misused the privilege granted to him to procure and keep gym equipment... It seems to me he compromises any privilege granted to him to procure and keep items in his cell. The locking away of his television set was part of a proactive measure to prevent any further risk.
"... In my view, he cannot be granted access to his family over Skype considering his past and present conduct.
"He has proved himself to be someone who is very skilful and resourceful in circumventing any security measures and capable of hiding contraband anywhere, even in a frying pan," the judge added.
