Special Hearings — Trojan Horse Hearings — 1997-05-21

DOUW VERMEULEN: Could I continue Chairperson?
"I, Douw Vermeulen, hereby state under oath.
I am an adult male and I am a security advisor and I live in Goodwood.  
I was approached by the Investigative Unit of the Truth Commission and notified that I would have to appear before the Commission on Monday the 19th of May to give evidence and to answer questions relating to the so-called Trojan Horse incident which took place on the 15th of October 1985 in Athlone, in which Shaun Magmoed, Michael Cheslyn Miranda and Jonathan Claasen died and others were injured".
I will now just mention that I was also subpoenaed to appear here today.  I just add that to my statement.
"In order to assist the Committee I decided to make this affidavit and this affidavit is only to be used for purposes of the Commission's work and I understand that it cannot be used against me in any legal action.
During October 1985 I was a lieutenant in the South African Railway Police and stationed at Bellville at the Regional Task Force.  
On the 15th of October 1985 there was a lot of unrest in the Athlone area and the focal points of the unrest were in Thornton Roads and Belgravia Road.  Vehicles were stoned and burning objects were used to blockade roads and a lot of damage was done to private property, especially vehicles.  At that stage the unrest had been continuing for some days and experience had taught us that there was not much use in trying to apprehend the ringleaders, or to try and arrest them by means of normal policing methods and normal police vehicles, because as soon as a police vehicle appeared on the scene the people would just disappear.
On the afternoon of the 15th of October 1985 I was summoned to the caravan which served as the Joint Operational Centre for the security forces that was stationed at Manenberg Police Station.  
Mr Loedolff, the commanding officer of the Regional Task Group instructed me to go in the direction of Athlone with an unmarked vehicle.  We were supposed to move in the direction of Athlone Police Station in Belgravia Road and then to Thornton Road, back to Old Lansdowne Road, back to Lansdowne Road, around Old Crossroads and Manenberg Police Station.
He pointed out a truck to me.  In the back of this truck there were wooden crates and told me that my section members had to conceal themselves in these crates.   His instructions were further that should we be attacked or stopped at road blockades we should try to arrest those responsible. 
Mr Loedolff also mentioned to me that if it were to become necessary to open fire we should exercise caution so that the people on the left-hand side of the truck should fire in the left-hand direction and the same for the people on the right-hand side of the truck to prevent those people, members on the truck, actually firing at each other and thereby exposing their colleagues to danger.
The persons under my command were, on instructions of Loedolff, given 9mm pistols and shotguns.  The shotguns were loaded with birdshot or AAA shot.  The bigger type of shot, namely SSG and LG were not used on that particular day.  I inspected the section members to make sure that they had their shotguns and that they were not loaded with any other type of ammunition other than AAA and no.1.
The following members were under my command on that day; Sgt A M Smith, of the Railway Police, he was the driver of the truck. Sgt Sayer from the South African Railway Police.  He was the passenger in the front.  He was also the notary of the section.  W/O Swart from the South African Railway Police.  Constable A J Smit from the South African Railway Police.  Constable A J Rossel from the South African Railway Police, and Sgt J J Burger, South African Railway Police. Constable W K F Puchert of the South African Police.  Constable P H du Toit, South African Police".
You will note - once again I deviate from my statement made to the Commission on Monday to say that we also decided that Constable, I am not sure, maybe he was Sergeant Frank van Niekerk, would also join us on the truck.  
"Apart from the driver and the passenger the other people in the crates, they hid in the crates on the back of the truck except for Sergeant Burger who sat in a little compartment behind the driver.  I was also in the back of the truck on the driver's side.
At about 16h45 we entered the unrest area of Athlone in this truck.  On the corner of Thornton and St Simons Roads in Athlone the vehicle was attacked by a group of people who stoned the vehicle using stones, half bricks and other objects.  
From where I was concealed in the back of the truck I heard the windscreen breaking and how the driver brought the vehicle to a halt.  I immediately stood up and noticed that they were burning blockades in front of the truck, to the right.  The vehicle was stationary and I notice that on my side of the truck, that is the right side of the truck, there was between a 100 and 200 people, who according to my observation, were busy hurling objects at the truck.
From experience I knew that the normal modus operandi when a group attacked such a truck, was to first try and bring to a halt this vehicle, to then stone it, to then move closer and slash the tyres to prevent it from carrying on.  Thereafter it would be set alight.  I also realised that we were in danger and especially the people in the front of the truck were already in danger of their lives.  There was no doubt in my mind that if we didn't immediately react to this attack we would probably not emerge from this attack alive.
I then took my shotgun loaded with AAA and fired in the direction of the attackers on my side, that is the right side of the vehicle.  Because I told the section members before our departure that should we find ourselves in danger that they should not shoot until I had given the order, my section members, after I fired the first shot, also started firing at the attackers.
After we commenced firing the attackers ceased their attack and I gave instructions to my members to stop firing.
Members then jumped from the truck on my instruction and tried to arrest some of the attackers.  Quite a few arrests were in fact made.  I did not take part in the arrests because I was protecting the truck.
Although I can't remember exactly how many shots I fired I noticed that I said in my statements after the incident that I had fired seven shots and I accept that as correct.  All the shots fired by myself were aimed at the attackers who were attacking us with stones and other objects.  
I also remember that I fired at a person wearing a green shirt who was busy throwing stones at us, although I can't say whether I actually hit the person, a person with a green shirt who I think was the same person was later found dead in a house nearby.  I last saw the person running in the direction of that house.  I later ascertained that the person was Shaun Magmoed.
On the left-hand side of the truck two people were fatally wounded, Michael Miranda and Jonathan Claasen.  Because my attention was focused on the attack coming from the right-hand side of the truck I can't give any further details regarding the fatal wounding of these two last-mentioned people, although I accept and assume that they died as a result of shooting wounds sustained in the incident.  One of them was a young boy.  He was approximately 10 years old.
I have no doubt that the attack on us was unlawful and that if I and my members did not react to these attackers we would have been killed or very seriously injured, especially if the attackers succeeded in setting the vehicle alight causing us to escape in amongst the attackers.
I must point out that the conduct of a crowd, who have already commenced with acts of violence, that is unpredictable and that many people had been killed by crowds in unrest situations in the country.  Although I expected stones to be thrown at the vehicle and that our actions were specifically aimed at arresting some of these culprits I never foresaw the possibility of an attack of such intensity and launched by so many people. I was caught unawares by surprise.  The intensity of the attack was of such a nature that the only response in the circumstances was to start shooting at the attackers.
After the incident I made two affidavits, the first dated the 19th of October 1985 and a supplementary affidavit dated the 12th of February 1987.  I also testified on the 17th of July 1986 in the prosecution of E Surja and 12 others who were charged in the Regional Court on charges of public violence arising from the incidents of this particular day. 
Afterwards on the 4th of February 1988 I testified during a formal inquest into the death of the persons who died during this incident.  
I was told, and I believe that it is correct that the Commission is in possession of both the statements which I made, as well as the transcription of the testimony that I gave at the two occasions.  
I am also aware of the fact that a video recording was made of the incident and that that is similarly in the possession of the Commission.
I do not have any other documentation or evidentiary material which could help the Commission in regard to this particular incident.
The incident obviously had a tremendous effect on my life.  It, amongst other things, led to me losing 22 kgs of weight.  I went down from 83 kgs to 61 kgs and brought about a lot of tension in my marriage.  This brought about a divorce in 1990, but I had already left my wife and child for some considerable time before the final divorce date.
Apart from this I was also charged, along with my section members and others, in a private prosecution in the Supreme Court in Cape Town on charges of murder arising from this incident.  After a protracted trial of about five months we were found not guilty.  An appeal was noted to the Appellate Division in Bloemfontein but the appeal was also unsuccessful.  The court case, which took place about five years after the incident, led to further severe tension between myself and the people around me, and that is in fact putting it mildly.
In the middle of 1990, I was, on my own request, transferred to the South African Defence Force where I did internal investigations.  Since 1994 I have been working in the private sector as a security advisor.  
Today, 12 years after this incident and after being thoroughly cross-examined about what happened on that day on two occasions, and being put through a long trial and having listened to my conduct being criticised I am still convinced that if I had not shot at the attackers on that afternoon my members and myself would probably have died on that day, or would have been seriously injured.
The fact that people and especially a young child lost their lives in this incident is something which will stay with me till the day of my death.  I am sorry that such a thing had to happen.  
Today I realise that if the government of the day had started on the road of negotiations at a much earlier stage incidents such as these would never have taken place.
Signed:  Douw Vermeulen".