A disgruntled witness in the Joint Investigation into the Strategic Defence Procurement Packages, generally referred to as the 'Arms Deal,' was denied leave to appeal against the judgment of the Pretoria High Court that found in favour of the former Public Protector, Adv. Selby Baqwa in a defamation suit, yesterday.

Dr Richard Young of CCII Systems (Pty) Ltd testified at length during the public hearings on the Arms Deal in August 2001, claiming that his company had been improperly treated by the Department of Defence in regard to tenders submitted for parts of the strategic defence packages. After concluding his evidence and as a key witness of the Department of Defence was about to be called to respond to his many allegations, Dr Young and his legal team left the proceedings.

The claim for damages was based on an article published by Die Burger of 31 August 2001, stating that the former Public Protector, Adv Selby Baqwa, SC said that Dr Young's leaving the hearings after conclusion of his testimony -but just before evidence, in rebuttal thereof was to be presented by the Department of Defence -"could be seen as cowardly."

In his judgment, Judge Smit found that the mere fact that Adv Baqwa indicated that some people may regard Dr Young's behaviour as cowardly did not represent an impairment of his reputation to reasonable people. Young's claim was consequently dismissed with costs.

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