Amnesty Hearings — Cape Town — 1998-01-14

CHAIRPERSON: This is the resumed hearing in the matter of Messrs Gqomfa, Madasi and Mabala.
	Mr Prior, as we ready?

MR PRIOR: We are ready Mr Chairman.  Mr Chairman, maybe I'll be permitted - before I lead or present the formal evidence, to call Mr Atkinson - he is one of the victims in the matter, he wasn't available at the last session.  He appears as Item 8 on the second bundle: "Submissions by Victims" - he was the owner of the Heidelberg Tavern.

MR PRIOR: Mr Atkinson, could you sit next to Mr Donan please?
	Mr Chairman, his statement appears at the paginated pages 76 and 77 of the second bundle - unfortunately my bundle isn't marked as an exhibit.  Mr Chairman?

JUDGE WILSON: It's headed - the bundle you're referring to is headed: "Amnesty Hearing to be held at Cape Town, 27 to 31 October 1997 - Submissions by Victims : Heidelberg Tavern Incident"

MR PRIOR: Thank you Mr Chairman.

CHAIRPERSON: What are your full names?

GARY DONOVAN ATKINSON: Gary Donovan Atkinson.

CHAIRPERSON: Are you prepared to take the Oath Mr Atkinson?

GARY DONOVAN ATKINSON: (sworn states)

MR PRIOR: Thank you Mr Chairman.
	Mr Atkinson, is it correct that during the year 1993 and particularly on the 30th of December 1993, you were the proprietor of the Heidelberg Tavern situated in Observatory in Cape Town?

GARY DONOVAN ATKINSON: That's correct.

MR PRIOR: It's common cause that on the evening of that day, there was an attack on the tavern by the three applicants wherein certain patrons were shot and killed, is that correct?

GARY DONOVAN ATKINSON: That's correct.

MR PRIOR: Were you present at that time?

GARY DONOVAN ATKINSON: Yes.

MR PRIOR: Please look at the bundle in front of you: "Submissions by Victims", is it correct that your submission is itemised as number eight and appears at pages 76 and 77 of the paginated pages?

GARY DONOVAN ATKINSON: Yes, that's correct.

MR PRIOR: Do you confirm what you've stated in those submissions because they're not under oath, is that correct?

GARY DONOVAN ATKINSON: That's correct.

MR PRIOR: And do you pray that they be incorporated in your evidence this morning?

GARY DONOVAN ATKINSON: Yes.

MR PRIOR: Just to summarise, there were allegations made during the hearing and in papers presented at the hearing, that the Heidelberg Tavern was regarded - particularly by APLA, as a military target.  Could you comment on that?

GARY DONOVAN ATKINSON: That's incorrect, it was actually a student - mainly first and second year UCT student watering hole.

MR PRIOR: Was it in any way connected - during the course of your proprietorship, with the military or with the South African Police?

GARY DONOVAN ATKINSON: Nothing at all, other than maybe some plain clothes people drinking there - yes, out of uniform but then it's like any other pub or public area in South Africa.

MR PRIOR: Now, at the time of the shooting, were you injured at
all?

GARY DONOVAN ATKINSON: No.

MR PRIOR: Was there any damage to your property?

GARY DONOVAN ATKINSON: There was extensive damage to the property.

MR PRIOR: Is that set out in your submissions from (a) to (f) - paragraphs (a)  to (f)?

GARY DONOVAN ATKINSON: (a) to (f).

MR PRIOR: Thank you Mr Chairman.
NO FURTHER QUESTIONS BY MR PRIOR

CHAIRPERSON: Mr Arendse, are there any questions you wish to put to this witness?

NORMAN ARENDSE: No thank you, Mr Chairman.
NO QUESTIONS BY MR ARENDSE

CHAIRPERSON: For how long had you been the proprietor of this place Mr Atkinson?

GARY DONOVAN ATKINSON: From April 1987.

CHAIRPERSON: Were you in the tavern itself when the shooting occurred?

GARY DONOVAN ATKINSON: That's correct.

CHAIRPERSON: Did you at any time leave the tavern and go outside after the shooting - immediately after the shooting?

GARY DONOVAN ATKINSON: Not immediately, maybe 15 - the first time I left the tavern was to take the one person to hospital - to Groote Schuur up the road Your Honour.

CHAIRPERSON: Do you know anything at all about the shooting that occurred outside the tavern?

GARY DONOVAN ATKINSON: Nothing at all, only from what I've heard and hearsay, that's all.

CHAIRPERSON: Andrew?

ADV SANDI: Did the attackers come inside the tavern or were they shooting from the outside?

GARY DONOVAN ATKINSON: I cannot say.

ADV SANDI: Did you see anyone of them whilst they were shooting?

GARY DONOVAN ATKINSON: I wasn't sitting in a position, I wasn't - the tavern is in two sections and I was in the front section - the forward section where the actual bar is, not in the back section of the tavern.

ADV SANDI: If one of the attackers had come inside the tavern, would it have been possible for you to see him from where you were sitting?

GARY DONOVAN ATKINSON: At the front door yes - if a person had come just in the front door, otherwise there're arches the whole way down so a 50/50 chance of seeing somebody but once people as shooting you
normally stay down.

CHAIRPERSON: So even if anybody did come in you weren't looking?

GARY DONOVAN ATKINSON: Well, I heard a bullet over my head so I wasn't going to look again Your Honour.

MR PRIOR: Sorry, Mr Chairman, there's just one aspect - if I may be permitted to just clarify on aspect, is that in order Mr Chairman?

CHAIRPERSON: Yes, please.

MR PRIOR: Mr Atkinson, you've been shown a bundle of photographs - Mr Chairman they are Exhibit A (a) and (b), (a) indicates the front portion of the establishment, is that correct?

GARY DONOVAN ATKINSON: That's correct.

MR PRIOR: There are double doors that appear to be closed on the photograph?

GARY DONOVAN ATKINSON: That's correct.

MR PRIOR: Are you able to remember ...[intervention]

GARY DONOVAN ATKINSON: They were closed.

MR PRIOR: Why do you remember that?

GARY DONOVAN ATKINSON: Because I always keep them closed because the entrance is through the smaller door on the left-hand side.

MR PRIOR: Is that the door visible on the photograph (a)?

GARY DONOVAN ATKINSON: That's correct, the door that is standing ajar.

MR PRIOR: Thank you Mr Chairman, I have no further questions.

CHAIRPERSON: Mr Atkinson, thank you very much.

GARY DONOVAN ATKINSON: Thank you.
WITNESS EXCUSED

MR PRIOR: Mr Chairman, I have taken the liberty of preparing an additional bundle of documents which is headed: "Heidelberg Tavern Attack" in items 1 to 8.  I understand from my learned friend Mr Arendse, that in respect of the formal evidence regarding the powder residue tests carried out on the hands of Mr Cerqueira - the deceased from the Machado Restaurant - those are the affidavits of Mr du Plessis and Stoltz, that he has no objection to those affidavits handed up as exhibits and that they are not contested - in the sense that I do not have to prove that they were in fact - the acts referred to there were in fact completed by those persons, as well as the affidavit of Mr Kompion of ballistics who retrieved certain or examined certain cartridge casings and made certain finding on those affidavits set out at pages 9 to 12.

CHAIRPERSON: Thank you.
	Do these go in by consent Mr Arendse?

NORMAN ARENDSE: Yes, Mr Chairman.  The basis really is that as far as the gun residue test is concerned, - yes, those specimens were taken, they were sent to Pretoria, they were analysed and the tests
that were conducted reveal that there was no gun residue or there wasn't any on the hands of the deceased -  I will otherwise be addressing that issue in argument.  
	As far as the cartridges are concerned - yes, they were picked up, they were sent away for analysis, they do reveal that they were issued out of R4 rifles and in those respects they go in by consent.

MR PRIOR: Mr Chairman, I'm indebted to my learned friend.  Once again, I don't know what the next exhibit number is - unfortunately my list has been misplaced, could the Committee assist me please?

JUDGE WILSON: As far as I can see, the last exhibit was F.

MR PRIOR: F(g)

JUDGE WILSON: F was the photograph of the motor car.