November 6, 1997

U.S. attorney heads for Cuba to defend American

By Suzanne Harrison

MIAMI, Nov 5 (Reuters) - An American attorney was due to fly to Cuba on Wednesday in an attempt to save the life of a U.S. citizen possibly facing the death penalty on charges of spreading anti-Castro propaganda in Havana, lawyers said.

Ellis and Guy Rubin, lawyers for defendant Walter Van Der Veer, told reporters attorney and former Florida state judge Dominick Salfi was the only representative granted a visa to enter communist Cuba.

Salfi will assist in trying to ensure Van Der Veer, 52, is given a fair hearing at a Habana tribunal starting on Thursday. The state prosecutor has initially asked for the death penalty.

But Ellis Rubin said Salfi's role during the hearing would be that of an observer and not a defense lawyer.

"Despite requests ... Mr Van Der Veer will be afforded no meaningful legal representation,'' Ellis Rubin said. "There is speculation that the Cubans have chosen him (Mr Salfi) as an observer as a means of trying to legitimize the proceedings.''

The prosecution has alleged that Florida resident Van Der Veer, arrested in Havana in August 1996, was working for what the Cuban authorities term a "terrorist'' group -- aJhe was in Cuba distributing medicines and educational material, some of it for the church, although they have conceded that he was also taking part in political activity.

Salfi said he would attempt to speak with Van Der Veer and request a meeting with Cuban President Fidel Castro.

"My goal is to attempt to talk with my client. My understanding is that the request for this has been denied,'' Salfi said.

"Additionally, I'd like to meet with Mr Castro and I'd like to plead, basically, for Mr Van Der Veer's position and come to some sort of compromise. I've been invited over as an observer, but will also be as active as I can to bring about a resolution.''

Guy Rubin, who has been negotiating with Cuban authorities on the trial, said Salfi's presence would hopefully save Van Der Veer from a death sentence.

"We're going to do whatever we can to save his life,'' Guy Rubin said.

A Cuban government attorney will represent Van Der Veer during the tribunal. There will be three judges present and 13 witnesses wil be put on the stand by the state.

Salfi said Cuban hearings could sometimes be very brief -- some as short as a few hours. He was unsure as to the possible length of this tribunal hearing.

"I have a five-day visa so theoretically, my stay will be no longer than five days ... but I'm really focused on my responsibility to my client,'' Salfi said.

The Rubins have requested assistance from President Bill Clinton but said there has as yet been no personal response.

U.S. authorities have, however, expressed concern to the Cuban government that the charge against Van Der Veer and the sentence sought is excessive.

22:01 11-05-97