SA engineers in Equatorial Guinea to appeal their shocking sentence

Update Video

GARDEN ROUTE NEWS - An application for appeal to the Supreme Court in Equatorial Guinea where two South African engineers were sentenced to 12 years in prison was expected to be submitted this week.

The family representatives of Frik Potgieter (53) from George and Peter Huxham (55) from Langebaan could not confirm by the time of going to press whether it had already been submitted, but it was expected that it would be done on Tuesday.

They will have to wait 15 days to hear whether the application was successful.

Potgieter and Huxham were both found guilty of possessing cocaine in their luggage. They have been imprisoned in Equatorial Guinea since February this year. Last Friday, 30 June, the men were sentenced to 12 years in prison and an amount of R141m each (5 million US Dollars plus a further fine).

The sentence and the amount of R141m run parallel.

"We have no idea what's going to happen going forward," the Potgieter family's spokesperson, Shaun Murphy, told George Herald.

"It is hell. There is no other way to describe it. The guys are innocent. The expectation was that they would be acquitted because as far as we understand there is no evidence for the allegations against them. Then suddenly they received a sentence of 12 years."

Currently, the families have no contact with the men. The only contact was through visits made by a doctor. According to Murphy, they received three doctor's visits over the last five months.

"Both men enjoy legal representation by a company that represents their employer, the Dutch oil company SBM (Single Buoy Mooring), in Equatorial Guinea.

"They are both engineers working on different platforms for the company.

"They got to know each other after the arrest. "

Support

In response to an inquiry to SBM Offshore, the company's spokesperson said they will continue to provide support for Peter Huxham and Frederik ("Frik") Potgieter's independent legal representation and offer assistance to their attorneys.

"We are currently reviewing the details of the verdict and will continue supporting our colleagues through daily contact with family members and the legal team managing the case. The legal representatives remain focused on ensuring due process and fair treatment of our colleagues in line with international standards and treaties. As discussed and agreed with the families, an appeal of the verdict will be filed."

Frederik ("Frik") Potgieter from George

Family in shock

"The sentence was just such a big shock for their legal representation," said Murphy. "We are all very disappointed, because as we understand, it is outside the provisions of the normal criminal processes law for Equatorial Guinea. The guys are innocent. Frik's family is devastated, but currently stand strong in their faith."

His family last saw him alive in December last year.

Peter's wife, Kathy, was hysterical when the family was told about the sentence during the daily feedback session by SBM.

"They were so convinced that justice would be served with the outcome of the trial and were thus deeply shocked and dumbfounded with the result received. They had no contact with the men after almost five months," said the family's spokesperson, Francois Nigrini.

"It is just terrible that our two men, who gave their all for the country of Equatorial Guinea and its people, now have to put up with such inhumane treatment."

What happened?

Potgieter and Huxham, who first met in the lobby of the hotel during their arrest in February, were on their way back to South Africa after a five-week work session in Equatorial Guinea. They had worked on oil vessels in different locations.

They were arrested on Thursday 9 February at the Anda China Malabo Hotel in Equatorial Guinea's capital, Malabo, on a charge believed to be related to a shipment of cocaine found on an international flight from Singapore. Initially, it was said that this was the plane that the men arrived with in Equatorial Guinea five weeks earlier, on 4 January.

Frik and Peter landed in Equatorial Guinea on different flights on different days. Their flights were from OR Tambo via Ethiopia to Equatorial Guinea, and not via Singapore.

Later allegations were that the two men were involved in the use of and trafficking of drugs, and that drugs were found in their luggage at the hotel. "Their luggage was never searched and has been placed in safekeeping by SBM. There is even a combination lock, still intact, on one of the suitcases," said Nigrini.

They were initially detained in the notorious Black Beach prison, and were later moved to a political prison in Mongomo, in the east of the country. The two men's trial was on Monday 26 June, and the verdict was given on Friday 30 June.

According to Murphy, the families are in contact with each other. "Drastic new efforts will now be made to get Peter and Frik back to SA," said Murphy.

A news bulletin about the case was broadcast last week on a local television channel from Equatorial Guinea, naWETIN.

VIDEO - See our exclusive video interview with the family representative:

A screenshot of a news report about the two men's court case that was broadcast last week on a local television channel of Equatorial Guinea, naWETIN.