Amnesty Hearings — Cape Town — 1997-11-17

W RIAAN BELLINGAN: We are looking down in one, NY11, the motor has been turned round.  I saw Eric standing there, I do not know how far from the corner.  No, I did not.

MR B WILLIAMS: But they looked suspicious to you.

W RIAAN BELLINGAN: No, things did not seem normal.

MR B WILLIAMS: And you had also just been told on the radio, and you cannot recall by whom, that the people were in the area?

W RIAAN BELLINGAN: That is correct.

MR B WILLIAMS: And you were in the area on that corner, not so?

W RIAAN BELLINGAN: That is correct.  We returned to this environment and we were busy withdrawing before that.

MR B WILLIAMS: And you had Captain Brazelle in your car?

W RIAAN BELLINGAN: That is correct.

MR B WILLIAMS: He was armed with a shotgun?

W RIAAN BELLINGAN: I think he had a shotgun, yes.

MR B WILLIAMS: All right and then it was yourself armed with a R1 Rifle?

W RIAAN BELLINGAN: That is correct.

MR B WILLIAMS: And your sidearm?

W RIAAN BELLINGAN: That is correct.

MR B WILLIAMS: And then there was your driver, Mr Grobbelaar?

W RIAAN BELLINGAN: That is correct.

MR B WILLIAMS: Whom it would appear also had a shotgun?

W RIAAN BELLINGAN: I think he had a shotgun, yes.

MR B WILLIAMS: When you were on that corner, Captain Bellingan, was that not the opportune time to get out of your car and arrest those people?

W RIAAN BELLINGAN: At that moment we could not think of that, we did not stop in the middle of an ambush when you think there is an ambush, rather try to get away, to get coverage.  We did not think of that.  Everything went so quickly, we never thought of that at that stage.

MR B WILLIAMS: So, if I understand you correctly, there seems to be so much resistance to arresting these people, if I understand you correctly, at that stage you were preparing to engage them, not so?

W RIAAN BELLINGAN: Yes, I would say that is correct.

MR B WILLIAMS: So, you go further down NY3 and you turn around and make ready.  Am I correct?

W RIAAN BELLINGAN: No, I went down NY11 and then I saw Eric standing on the left-hand side of the road.  I got out, I spoke to him and he said be careful, they are everywhere.

MR B WILLIAMS: All right, Captain, I know that these events took place a long time ago.  I am going to try not to belabour you with the specifics of the shootout, but if we could just capture some of the main elements.  You say that you then moved further up the road with Captain Brazelle in the car, slightly further up, once again back towards the intersection.

W RIAAN BELLINGAN: No, after we have talken to Eric Maluleka, he referred me to the crossing and I and Sergeant Grobbelaar made a U-turn and we were looking in the direction of the crossing again.

MR B WILLIAMS: All right and then at some point you stopped the car?

W RIAAN BELLINGAN: He stopped at the side of the road, there was an explosion, we heard shots ringing out and I got out of the car.

MR B WILLIAMS: Right and then you took up a position behind that vehicle?

W RIAAN BELLINGAN: That is correct.

MR B WILLIAMS: And from there you tried to fire your R1 Rifle?

W RIAAN BELLINGAN: That is correct.

MR B WILLIAMS: And you fired one shot?

W RIAAN BELLINGAN: That is correct.

MR B WILLIAMS: And you could not use it again?

W RIAAN BELLINGAN: That is correct.

MR B WILLIAMS: Now, immediately after that, sorry.  When you were firing you were firing at a person who at that stage was running through the intersection?

W RIAAN BELLINGAN: It looked, at that stage, as he had something in his hand.  It happened very quickly.

MR B WILLIAMS: All right, but this is not the person that you ultimately shot, not so?

W RIAAN BELLINGAN: No.

MR B WILLIAMS: Right and then you threw away your rifle after you could not shoot any longer and you then proceeded to the intersection with your firearm, your 9mm firearm?

W RIAAN BELLINGAN: That is correct.

MR B WILLIAMS: And as you approached that vehicle which stands at point H?

W RIAAN BELLINGAN: That is correct.

MR B WILLIAMS: You noticed a person getting out of the vehicle?

W RIAAN BELLINGAN: That is correct.

MR B WILLIAMS: And you say that as he got out of the vehicle you thought that he was throwing something at you?

W RIAAN BELLINGAN: Mr Chairman, it all happened so quickly.  It looked as if he threw a hand grenade at me and I shot at him very quickly.  I was relatively near to him.

MR B WILLIAMS: All right.  Can, if you can just remember that scene, that, I am going to ask you just to try and recall that particular scene.  You say this person is facing you and he is throwing a, what you thought at that stage, was a hand grenade?

W RIAAN BELLINGAN: That is correct.

MR B WILLIAMS: And that is the point at which you fire at him?

W RIAAN BELLINGAN: That is correct.

MR B WILLIAMS: And at that stage you are approximately, if I remember your evidence correctly, so many years ago, you said that you were approximately two, three, maybe four metres away from him?

W RIAAN BELLINGAN: Mr Chairman, it could have been nearer.

MR B WILLIAMS: All right.  I will not press the point.  The point is that this person was facing you, he was about to throw this hand grenade at you and you fired, not so?

W RIAAN BELLINGAN: That is correct.

MR B WILLIAMS: In other words, this person was standing, as he was getting out of that vehicle, he was standing with his back to that particular, I think it is E20, if I am not mistaken?

W RIAAN BELLINGAN: I think it was a panel van, E20 Kombi, Mr Chairman, a Nissan.

MR B WILLIAMS: And you are, at that stage, entering the intersection from NY3?

W RIAAN BELLINGAN: That is correct.

MR B WILLIAMS: I would imagine that you are running with your, pointing your firearm at him?

W RIAAN BELLINGAN: I think was the direction I ran.

MR B WILLIAMS: Yes, now, will you explain to the Committee how it was possible that that person was shot on the right-hand side of his head at the back?

W RIAAN BELLINGAN: Mr Chairman, during the inquest they confronted me with that aspect.  Up till today I cannot explain that.  Whether he looked to the left or to the right, I cannot remember.  I was shocked, my eye was bleeding and I shot him.  I cannot remember the finer detail.

MR B WILLIAMS: So, do I understand you correctly that you concede today, as you have conceded in other hearings, that you cannot explain how the man is shot on the right-hand side of his head, at the back of his head, above his ear?

W RIAAN BELLINGAN: No, Mr Chairman, I cannot say how that did happen.

MR B WILLIAMS: Will you also concede that from the position at which you were firing at that person, and bearing in mind that he is facing you and attempting to throw something at you, as you say, it is simply impossible that that person could sustain a shot to the back of his head on the right-hand side, you will agree?

W RIAAN BELLINGAN: I do not want to comment on technical points.  I cannot explain it and I am not going to say this or that.  I cannot say with 100% certainty how that person was shot.

MR B WILLIAMS: Yes, Captain Bellingan, that is rather unhappy, because, you see, there is another witness and you are aware of him, at the time, who had indicated that you had fired at that particular person, and his name is Mr Konile, you had fired at that particular person while he was lying on the ground.  You are aware that there was such evidence, not so?

W RIAAN BELLINGAN: I can remember that allegation, yes.

MR B WILLIAMS: And you are also aware that the evidence of the pathologist who had been called to testify in one of the trials had been to the effect that your evidence was simply inconsistent with Mr Konile's injuries.  You remember that?