MAKHADO (LOUIS TRICHARDT) – The scenario in which 10 members of a peaceful demonstration were arrested here alongside the N1 toll road, was created by power abuse.

This was said in the local magistrate's court, after prominent members of the local community had been arrested on the instructions of the Deputy Provincial Police Commissioner, Charles van Wyk.

The 10 appeared before senior magistrate Sakkie Scheepers on charges of obstructing the traffic on a highway and of intimidation.

The two legal representatives of the 10 people opposed an imposition of R250 bail on each of the accused and requested that they should be freed on their own recognisance. They argued that all 10 were well-known and well- respected members of the community, who had the courage of their convictions to make their views known. They would therefore be eager to attend their hearing.

The demonstration, of which they were part, was in the public interest of the community. Both legal representatives argued that they were appearing on relatively minor offences. The traffic offence should in fact have been addressed with a traffic ticket. The charge of intimidation would obviously not be able to stand up in court.

The public prosecutor argued for the State that the offences were in fact so serious that it will be heard in the Regional Court. The State has Deputy Commissioner Van Wyk available to testify to the seriousness of the intimidation charge.

Mr Charles Pieterse, who appeared for the accused, said he would request the court not to lead evidence at that stage. He felt so strongly for the case of the accused that, in such an eventuality, he would have to withdraw in order to give evidence himself. He said the scenario in which they were arrested had been created by a blatant abuse of power.

Senior Magistrate Scheepers ruled that nine of the accused be freed on their own recognisance and that one, a minor, be remanded into the care of his parents, who were not amongst the accused.

The case was postponed until April 30.