Human Rights Violation Hearings — Worcester — 1996-06-25

GRAEME FALCK: I am a adult white woman of 38 years, my ID number is mentioned with the address and telephone number.  I am a business woman by profession with a clothing shop in Robertson and I speak Afrikaans at home.  I am licensed to own a .32 Smith and Weston revolver, number 14384.. something.  I own this weapon for self defence purposes.  My shop is directly next to my home in 178 Barry Street in Robertson.   On Thursday the 22nd of November 1990, I was in my shop at about a quarter to three in the afternoon.  I placed my loaded revolver just beneath my cash register.  The main entrance is in front of my cash register in the shop and I kept the revolver there because my husband was out of town and because I'd heard of an attack with rocks of the Rooibossie Cafe the previous day as well as an attack with a petrol bomb on the house of a Mr van Tonder in Worcester.  Both those houses are in the general area where I have my shop.  
 In the shop with me was my assistant, Mrs de Villiers as well as 2 customers.  The customers were in the dressing rooms at the back of the shop and Mrs de Villiers was assisting them.
 I then became aware of groups of young people outside in Barry Street.  I looked out of the front door down Barry Street and saw a large group of young people, roughly 30 people walking in the direction of my shop.  I saw yellow police vehicles at the end of the street.  The group of young people began to run in my direction, they were running from the direction of the police station towards the Coloured area.
 I stood just outside the open doors of the shop and the large group of people were standing in front of my shop and one of them shouted let's fuck up this shop.  People had bottles and rocks and other objects in their hands.  Three unknown Coloured men moved in the direction of my shop.  From this group of people there were shouts saying go in, go in and the group started moving in the direction of my shop.  I was frightened and was under the impression that I could be attacked in the shop.  I then took my revolver from the drawer and put it in the right hand pocket of my dress.  I was holding the revolver.
 These 3 men approached and I tried to close the one door of the shop entrance but because they were so close to the door, I stepped back and said to the 3 unknown men, if you enter the shop I will shoot you.  One of these men was wearing a blue T-shirt.  These 3 men ignored my threat and entered the shop.  There was shouting and noise from the other large group outside and I couldn't hear exactly what was being said.  
 I was not able to close the door and I also was not able to go to the telephone because I felt it was too far away and I had no opportunity to call for help.  I was also not able to run to my house because I would have had to go outside on the pavement in the street where the people were gathered.  I could see this through the show window.  The only exit of my shop is at the front, the front door so I had no opportunity to escape.  
 As the 3 men entered the front of the shop I was scared that I might be killed and I was also worried that the large group of people would enter the shop to hurt me.  I then decided that because of the unrest and the uproarious behavious of the people outside as well as the calls to enter the shop and to quote "to fuck up the shop" I was extremely scared so I took my revolver and aimed it at the man with the blue T-shirt who was in front of the 3 men.  When the man with the blue T-shirt saw the revolver he stopped about one step inside the shop.  I said to the man that if he approached, I would shoot him.  
 Just before the man with the T-shirt entered the shop, he pushed open the front door with his right elbow.  He had something in his hand which he was pushing in my direction.  It looked as if this was an aerosol can but I was not sure exactly what it might have been.  I had thought at that moment that if might have been something with which I could be hurt.  As this person aimed the object at me the other 2 men moved forward.  I can remember that one of these men was holding a broken brown beer bottle in his hand.
 I heard glass breaking outside the shop and I thought that I would be attacked at that moment.  I then shot at the man with the blue T-shirt, with my revolver.  He turned around and left the shop.  
 The other 2 men approached me and I also aimed the revolver at them and they then left the shop.  I would also have shot at them if they did not turn around.  When I shot it was not aimed at any particular member of the man.  As these people left my shop, I closed the shop doors.  
 The police arrived and I saw that the man with the blue T-shirt was laying in the street.  An ambulance arrived and took the injured person away.  I mentioned all of these points to Warrant Officer Spies as well as an officer Wessels.  I did not recognise any of the people in the large group of people.  Apart from fragments of bottles outside my shop in the street, in the furrow, there was no other damage to my shop.  
 I  feel that I could not have defended myself in any way other than to shoot at that time.

ADV POTGIETER: Thank you, you may continue with the remainder of the original major statement.

GRAEME FALCK: I'll then continue with the affidavit, the main affidavit.   
My version of the events was supported by Dorothy de Villiers whose statement or affidavit is attached as PJS3, as well as 2 persons with the surname Daniels, as well as Johan Conradie whose affidavit is annexed as PJS6.   I want to briefly indicate that Dorothy de Villiers was an employee.  Important aspects from her statement are the following

ADV POTGIETER: If you could give this in as limited a way as possible because of the time limits that we have.