Special Hearings — Chemical And Biological Warfare Hearings — 1998-07-07

MR VALLY: I see.  Well, let's come back to that as well.   You then - then what do you do with it?  Clearly Dr Koekemoer gave it to you, what did you do with it?

DR MIJBURGH: He delivered it to Medchem and Medchem delivered it to Dr Basson.

MR VALLY: Medchem was you, you're the Managing Director of Medchem?

DR MIJBURGH: Medchem was a company, I was the Managing Director thereof.

MR VALLY: He said he gave it personally into your care.  Would you dispute that?

DR MIJBURGH: I beg your pardon, what did he say?

MR VALLY: He delivered it to your care, he came to you and he said, here's the order as requested.

DR MIJBURGH: He delivered it to Medchem.

MR VALLY: And he brought it to your personal attention?  It was put in the basement of Medchem.

DR MIJBURGH: There was a place of storage where it was delivered to, yes.

MR VAN ZYL: Chairperson, if I perhaps could intervene here, if my memory serves, I think the version of Dr Koekemoer was that it was delivered to Medchem, but not that it was personally delivered or handed over to the witness.  I can't recall that he said that specifically, I think his evidence was that because there were only certain quantities made at a time he delivered it in batches, and he used his bakkie to go and deliver it.  But he never handed it personally to the witness.

CHAIRPERSON: That's what - Mr Vally, I think that's what needs to be cleared.  Are you putting it to him on the basis of that evidence or are you seeking to ask the question in any event?

MR VALLY: Mr Chair, my notes, the evidence by Dr Koekemoer was that the ecstasy was delivered to Dr Mijburgh at his office in batches of 12kg drums in pure white crystalline form.

CHAIRPERSON: That seems to be the general regulation, but put it to the witness on that basis.

MR VALLY: You heard my submission that it was delivered to you in batches at Medchem by Dr Koekemoer?

DR MIJBURGH: Yes.

MR VALLY: Let's go on.  Yet the delivery not said that the ecstasy was delivered to Kowolsky International.

DR MIJBURGH: Correct.

MR VALLY: And you stated that this was for tax reasons?

DR MIJBURGH: There would have been a delivery note from Kowolsky to Medchem Technologies as well.

MR VALLY: Which is another private company of which you are a director, together with Dr Kowolsky?

DR MIJBURGH: Correct.

MR VALLY: A Polish citizen?

DR MIJBURGH: Yes.

MR VALLY: Your attorneys have an affidavit from Steven Beukes, are you aware of that affidavit?

DR MIJBURGH: Yes.

MR VALLY: I refer you to paragraph 9 thereof.

CHAIRPERSON: Where Mr Vally?

MR VALLY: Mr Chair, you should have it, I don't have a reference number on it, but it was given to you previously.

CHAIRPERSON: And not this morning?

MR VALLY: Look at paragraph 9.  Now just for the record, Steven Beukes was approached allegedly by you to sell up a company called Medchem Pharmaceuticals, do you confirm that?

DR MIJBURGH: Yes.

MR VALLY: Were you a director of Medchem Pharmaceuticals?

DR MIJBURGH: Yes.

MR VALLY: As was Steven Beukes?

DR MIJBURGH: Correct, yes, he was the Managing Director.

MR VALLY: If you look at paragraph 9, he says you approached him, allegedly on instructions of Dr Basson, to quote for the manufacture of capsules.
 Paragraph 10, he thought it was a State contract.  He, paragraph 11, manufactured approximately 1 million capsules.  What's your reaction to those allegations?

DR MIJBURGH: Medchem Pharmaceuticals or Mr Beukes manufactured a number of capsules, I don't know how many, for the State.

MR VALLY: And what capsules were these?

DR MIJBURGH: We were never told what the active ingredient was.

MR VALLY: Let me understand this, Medchem Technologies, and correct me if I'm wrong, asked Medchem Pharmaceuticals, of both companies you're the director, to manufacture capsules.

DR MIJBURGH: No, there was an order as far as I know from SAMS.

MR VALLY: And the ingredients for those capsules, where did you get that from?

DR MIJBURGH: It was supplied by the SAMS, by Wouter Basson, in person.

MR VALLY: Let me understand this further, how did he deliver this substance, the ingredient for the capsules to you?

DR MIJBURGH: He probably would have delivered it to Medchem, I'm not exactly sure.  We'll have to accept Mr Beukes' version as he wrote it because he was the Managing Director, and he dealt with it.

MR VALLY: If I tell you that the ingredients that were given to him were the ecstasy, the MDMA as you call it, which was delivered to you by Dr Koekemoer, was the same item which was given to Steven Beukes to encapsulate, what would be your response?

DR MIJBURGH: I wouldn't think so.

MR VALLY: And why not?

DR MIJBURGH: There was never an order to encapsulate MDMA, and I can't comment on what it looked like because I never saw it myself.

MR VALLY: We're talking about 1000 kilograms of a substance.  Steven Beukes is asked to encapsulate a substance.  I'm asking you a simple question, he gets the substance from the basement of Medchem Technologies, I believe, how did that substance arrive there?

DR MIJBURGH: I can't comment on that.

MR VALLY: You were not concerned?

DR MIJBURGH: Not at that stage, no.

MR VALLY: Why not?

DR MIJBURGH: There was nothing sinister about it.

MR VALLY: You are aware that you people had been dealing with mandrax, you had been dealing with MDMA, which you realise was potentially illegal, yet you were not concerned about what you were asked to encapsulate?

DR MIJBURGH: No, Mr Beukes made us understand that it was a normal request.

MR VALLY: You misunderstand, Mr Beukes said that the request came from you.

DR MIJBURGH: I think Mr Beukes is wrong.  I can't see why I would have requested him to do that.  Mr Basson had direct contact with him.

MR VALLY: So you say you did not order or request or instruct Steven Beukes to encapsulate any powder?

DR MIJBURGH: I was part of a decision in the company to carry out an order.  I can't recall that I specifically gave him the instruction to do that.

MR VALLY: And you do not know who was responsible for the order?

DR MIJBURGH: The Defence Force placed the order.

MR VALLY: Are you sure of that?

DR MIJBURGH: I can't be sure because I didn't see the documentation.  That's why I'm saying you must look at what Mr Beukes wrote, and I must assume that it's correct.

MR VALLY: Well Mr Beukes said you gave him the instruction.

DR MIJBURGH: I think he's wrong.

MR VALLY: Dr Koekemoer was in fact arrested by the Police for possession of ecstasy because of a bottle of capsules he took from Mr Beukes' office of Mr Beukes had left.  Are you aware of that?

DR MIJBURGH: I heard about it, yes.

MR VALLY: So potentially a million capsules of ecstasy was prepared by Mr Beukes?

MR VAN ZYL: Chairperson, no, with respect, that is not correct, that is not what Mr Beukes says in his statement.  What he says in his statement is that he didn't know what the active ingredient was, and it was common practice that people who do the encapsulating don't know what the ingredients are, because he specifically refers to trade secrets that had to be protected.  So he had no idea what was inside the capsule.  So the statement is not correct.

CHAIRPERSON: Mr Vally?

MR VALLY: Mr Chair, my question was very simple, Dr Koekemoer was arrested for capsules which he found in Mr Beukes' office when Mr Beukes had vacated his office.  I said potentially Mr Beukes had encapsulated ecstasy and that was my question, would you say that is correct, or not?

DR MIJBURGH: Potentially I suppose, yes.

CHAIRPERSON: In other words he's laying the basis for the question by referring to the arrest which you alleged, and I think you will answer it on the basis that he puts to you, the surrounding circumstances, I think you can put your question.

MR VALLY: It has been answered.

CHAIRPERSON: Oh, yes.

DR MIJBURGH: I said potentially I suppose, yes.

CHAIRPERSON: Dr Randera?