JOHANNESBURG, June 9 (Xinhuanet) -- Seventy suspected mercenaries carrying South African passports held in Zimbabwe might seek relief from South African Constitutional Court in Johannesburg after a Pretoria judge refused to order their extradition home on Wednesday.

    Francois Joubert, the men's advocate, said in South African capital Pretoria that his instructions were to lodge an application for leave to appeal to the highest court. But he would study the judgment in full before making a final decision.

    "The problem is that such applications can take weeks and weeks.We don't have weeks," Joubert added.

    Transvaal Judge President Bernard Ngoepe turned down an application for an order compelling the South African government to seek the men's extradition. They are suspected of plotting a coup d'etat in Equatorial Guinea, and were detained by the Zimbabwean authorities at Harare airport when they were heading tothe west African country.

    Ngoepe found that South African authorities did not have adequate evidence to prosecute the men at home, and dismissed the application with costs.

    The men want to be extradited to South African to stand trial at home for contravening the Foreign Military Assistance Act, which outlaws mercenary activities. But they have denied being mercenaries.

    The men claimed they would not have a fair trial in Zimbabwe orEquatorial Guinea and feared being put to death if deported to thewest African country.

    The men sought to compel their government to make submissions to Zimbabwe and Equatorial Guinea for the protection of the constitutional rights they enjoyed in South Africa to a fair trialand not to be sentenced to death. Enditem