Amnesty Hearings — Nelspruit — 1999-02-04

MR O'FARRELL: I presume fanagalo.   (Witness speaks fanagalo) - which is roughly a reasonable explanation, which I believe you do understand.   Okay, well that's basically what I said, but as I said, it fell on deaf ears.   At that stage, the applicant was then able to disarm Warrant Officer Van der Spuy, at which stage he then took about two paces backwards, cocked the firearm in our faces and then continued swinging it in our faces and still screaming in both mixed English, Sisolo or whatever language, unknown to myself.   The other people that were on the scene at that stage then scattered, screaming, the ladies, the women were screaming and all types of things, it was absolute havoc.   The accused then carried on swinging the firearm in our faces and carrying on, at which stage he then turned  around and then proceeded in the direction of the gate, at which stage Warrant Officer Van der Spuy and myself then attempted to follow the applicant.   At this stage the people in that area then again all clanned together and then again started hitting myself as well as Warrant Officer Van der Spuy.   Upon reaching the one corner of the house, Warrant Officer Van der Spuy must have been slightly to my rear right, where he then said to me, "Shoot him, he's got my firearm".   I then, as ordered, then drew my firearm and cocked it, at which stage I noticed the applicant turn round at the fence and then fire a shot, at which stage I then didn't - I didn't see him get shot, but I then heard him scream, just, as I said, slightly to my rear, which I then heard him scream, at which stage then I then attempted to fire a shot, but was then, as earlier stated, my arms were then hit down from behind me, then I couldn't - and several people then again jumped on top of me, and as a result of my arms being hit down, I was able to pull the trigger, as resulting in a bullet being sent in the direction of Mr Sambo.   They then had jumped on top of me, as I said, several people, approximately about six, one of which was the brother of the accused, or the person who was first found sitting on the sand heap, he was the one who knocked my arms down, I was able to turn my head and see the gentleman's face.   When  this all carried on, when everyone was trying to disarm me, two shots then accidentally went off next to my foot, at which stage they then disarmed me.   I was then able to escape and then ran to the far corner of the premises, where I then - through a mealie field - where I then climbed over the fence and then proceeded round the block.   When I came back to the main road, which must have been approximately a 200 yard run or something, I then saw an ambulance come past me, at which stage I then stopped the ambulance and told them no, that they must go to the premises so as we could assist both the applicant as well as Warrant Officer Van der Spuy.   Upon getting to the scene, I was driving, or I was in the door, but the door was still open, I then flung the door open, jumped out and then I must have been about five yards from the applicant and said to him, "Get into the ambulance, get into the ambulance", at which stage he then shouted to me if I come closer he's going to shoot me.   I then saw Warrant Officer Van der Spuy lying on the ground where I presumed he had been shot.    At that stage I then, whether, the Moby Jack and our own Nissan 4 x 4, it's basically the similar situation as a trailer, it's got the V and then it comes onto the main - or it's got that long stretch of steel and then comes onto the main frame of the Moby Jack upon which we had the other vehicle, I then attempted to get to Warrant Officer Van der Spuy to see if I could assist in any way, not knowing whether he was dead or alive.   As soon as I then put my foot between these two vehicles, I then felt a jerk from the back, where people then started beating ten types of hell out of me.   I was then beaten across the street, I was struck by rocks, by pipes, one of which was also the applicant's father, who I earlier noticed with a kierie, another eldish gentleman which also hit me with a pipe.   I was then brought to the ground where my shirt was pulled over my head, a rock was thrown at the top of my head which fractured my skull and me receiving 26 stitches, my jaw was kicked and broken, I had another 12 stitches along the side of my head resulting from a rock, I had several other lacerations on my body.   I then was able to - somehow got the power and stood up and then ran in the direction from whence we came.   I then tried to stop a taxi, which just drove straight past me.   I then came across a bakkie, a reasonably old bakkie, loaded with wood, and then told the driver to turn round and take me to the police station, at which stage he then picked me up and he did the U turn and took me to the army base as Makadama, where I was then given partial treatment and then I was there for approximately three-quarters of an hour.   At that stage I was then transferred back to the scene where I was then told that the deceased had in fact died, and that was basically that.

MS THABETE: Thank you, Mr O'Farrell.   Just to go back to before you approached the applicant's house.   In your car, or on your car, did you have a Shell emblem?

MR O'FARRELL: No, our vehicles are not marked with such stickers.   We had an El Mozambique sticker which was on the back flap of the vehicle.

MR LAX: Sorry, just repeat that again please?

MR O'FARRELL: It's a - one of our chaps got a sticker from Mozambique, it just says El Mozambique, which was then just stuck on the back flap of the vehicle.   Other than that, I can't recall any stickers on the vehicle.

CHAIRPERSON: You saw the sticker that was displayed... (intervention).

MR O'FARRELL: No, that's... (intervention).

CHAIRPERSON: ...by the applicant?

MR O'FARRELL: No, Madam Chair, I did notice a sticker, however I also noted in the judgments that also the - or in the - I'm not sure if it's in the judgment or in the inquest, where the applicant also stated that it was a BP sticker, and as far as my knowledge goes, a BP and a Shell sticker are completely different.   I don't know if those are of any pertinence to this case.

MS THABETE: It must have been in the inquest record, because it doesn't appear in the criminal court judgment.

MR O'FARRELL: Ja.   So I don't know if he's slightly colour blind or what.

CHAIRPERSON: So you don't accept the fact that your car had the sticker that was displayed by the applicant to us?

MR O'FARRELL: No, madam, I completely disagree.

MS THABETE: You say you had to go to Block B and look for a car stolen, who had instructed you to do this?

MR O'FARRELL: Inspector Ndbane had contacted us from the office in Komatipoort, stating that the army had wished us to inspect a possibly stolen 626 at a premises.

MS THABETE: Did he give you the address of the premises?

MR O'FARRELL: No, he informed us that the army personnel would be waiting at the premises for us.

MS THABETE: Did you know the applicant before you saw him on the said day?

MR O'FARRELL: No, I had never before seen the applicant, or had I ever heard of the applicant until the day of this incident, where I was, after the incident told that the applicant was a former MK soldier, etcetera.

MS THABETE: According to the evidence of the applicant, he says when you got out of your car you called him by name?

MR O'FARRELL: That is a blatant lie.

MS THABETE: One last question, the applicant has applied for amnesty, what is your response to that?