Amnesty Hearings — Cape Town — 1997-10-31

BENJAMIN BRODE: I would like you to read it out Mr Prior and there is 
another submission.

MR PRIOR: Yes.  Mr Chairman, I am going to skip all the other 
detail and just read from paragraph 3 onwards.  His personal details 
and employment history is clear.  Thank you Mr Chairman.
	Regarding the incident, paragraph 3 at page 73 of the bundle 
of submissions, you said as follows   I had been on duty at 
Machados restaurant on the night of the 30th of December 1993 
when the incident in question took place.
	The restaurant had been quite full that evening, being the 
festive season and everyone was in a jolly mood.  After the 
restaurant had closed, the owner Joe Cerqueira, his brother and 
another colleague whose name I can't remember, had been clearing 
the restaurant and set about preparing the restaurant for the next 
day's business.
	When we heard what we assumed was a car backfiring in the 
road outside, the sound continued and we thought that it may also 
be the sound of fireworks thrown by some partygoers outside.  I was 
the first to walk out of the restaurant to investigate and was 
followed by my colleagues.
	I saw individuals coming out of the Heidelberg Tavern, which 
is located next to Machados restaurant.  They were making their way 
to a dark coloured car.  I saw what again I thought was flares or 
fireworks and then noticed these individuals were firing automatic 
machine gun fire in all directions.
	Once they spotted me and my colleagues, they fired in our 
direction.  In the resulting confusion, we pushed our way back into 
the restaurant and took cover as best we could.  I remember lying 
flat on the floor of the restaurant.
	Once the firing had stopped, I ran out of the restaurant.  It 
was at this stage I saw the deceased, Joe Cerqueira lying, dying in 
the gutter, he had been shot in the chest.  The result was complete 
mayhem as people ran around in shock, shouting for help.  It was 
only at this stage, when I knelt down next to the deceased that I 
realised that I had been shot in the leg.
	My thoughts at that stage were about Joe Cerqueira and I 
remember thinking Joe, you can't die now.  The exact details of what 
happened after that are not clear to me.
	4.  The effect of the incident.  A month after the shooting, my 
life had fallen to pieces.  I withdrew totally from the day to day 
activities of life.  Interests that I once had such as mountain 
climbing were now of no importance to me.
	I withdrew from all sporting activities that I had been 
involved in.  I began drinking alcohol heavily, suffered insomnia and 
a lack of concentration of things going on around me.  The most 
traumatic effect that this had on me, has been the loss of contact 
with those closest to me, my family.
	I was referred to professional help to the psychology 
department of Groote Schuur Hospital.  I also saw a psychiatrist at 
the hospital, who diagnosed me as suffering from post traumatic 
stress and was placed on medication for one year.
	After the incident I applied for a job at the Crab Shack 
restaurant in Milnerton.  During my first shift deliveries were being 
made to the restaurant via the back entrance.  I was unaware of the 
delivery and when I saw the black gentleman walking into the back 
entrance, I thought this could also be an attack on the restaurant.  I 
broke in a sweat and had a panic attack.
	Resulting in the fact that I broke down and was unable to 
continue working at the restaurant.  I never returned to this 
restaurant, the realisation as how quickly one's life can be taken 
became a nightmare for me.  Joe's death had effected me adversely 
and as I feel I have become a total nervous wreck.
	I was once again referred to the out-patient department of 
Groote Schuur Hospital and also to the welfare department, who 
after consulting with me, applied for disability family grant.  It was 
also recommended that I attend Valkenberg Hospital for further 
observation.
	Because of the connectation attached to Valkenberg Hospital, 
I refused and stayed away.  I feel as if I have become a monster.  I 
feel distanced from my family and unable to guide them as leader of 
the household.  My life seems to be a constant see saw in that I feel 
up one day, and down the next.
	I feel as if my manhood has been taken away from me.  I 
seldom feel as if I would be able to be a normal person again.
	My view regarding the amnesty application.   If this had been 
an accident, I could find it in my heart to forgive the applicants.  
This was purely a terrorist attack for which the applicants had 
willingly trained and executed their orders.  And they too, like those 
of us who have suffered the trauma because of this incident, should 
pay the price.
	I am sure they were reimbursed by their employers, something 
that we have not been.  I therefore oppose the application for 
amnesty for these individuals. 
	How I see the future.  The future seems bleak for me and my 
family as I have been unable to hold down a permanent job.  The 
inability to be the leader of my family, has been debilitating to say 
the least and I really fear for the future of my children.
	Reparation and compensation.  I feel that what has been taken 
away from me and my family, should be compensated for and I 
would appreciate the Reparation Committee to look into this.  
Signed at Cape Town, the 22nd of October 1997.
	Do you confirm that statement?

BENJAMIN BRODE: Yes.

MR PRIOR: Do you adhere to its contents?

BENJAMIN BRODE: I do.

MR PRIOR: I want to ask you a few questions regarding the 
incident.  You were present at the hearing when Mr Cerqueira, Mr 
Francisco Cerqueira gave evidence regarding the incident, is that 
correct?

BENJAMIN BRODE: Yes.

MR PRIOR: He mentioned in his evidence that you at some stage, 
after the shooting, brought the firearm, a firearm which had 
belonged to Mr Cerqueira the deceased, to him.  Did you hear that 
evidence?

BENJAMIN BRODE: Yes.

MR PRIOR: Could you explain to the Committee the circumstances 
surrounding that?

CHAIRPERSON: Where did you find the firearm?

BENJAMIN BRODE: I can't remember.

MR PRIOR: What do you remember of the incident?  You 
mentioned about the shooting and that you ran inside the restaurant?

BENJAMIN BRODE: Yes, that is correct yes.

MR PRIOR: Where was Mr Cerqueira deceased, Joe Cerqueira, at 
the time when you ran back, moved back into the restaurant?

BENJAMIN BRODE: When I went back into the restaurant, and I shouted 
for Joe ...

MR PRIOR: Did you know where he was, did you see him?

BENJAMIN BRODE: No, the last that I can remember is that he was at the 
back of the restaurant.

MR PRIOR: Can you remember what you did after the shots were 
fired?  The initial shots, when you were out on the street?

BENJAMIN BRODE: I was out on the street.

MR PRIOR: When you were on the pavement and you said they 
were shooting at you, you then turned and moved back into the 
restaurant, you ran in?

BENJAMIN BRODE: Yes, that is correct yes.

MR PRIOR: What did you then do?

BENJAMIN BRODE: I ran into the restaurant, you know it was a complete 
confusion at the door.  I know that Frans went into the restaurant 
and there was three of us.  We went back into the restaurant, I 
didn't see Joe anywhere.

MR PRIOR: When was the first time to see him after the shooting?

BENJAMIN BRODE: After the shooting, the first time I saw him was when 
we came out and he was lying outside.

MR PRIOR: Did you see a firearm next to the body?

BENJAMIN BRODE: No, I didn't.

MR PRIOR: Can you remember, and you indicated to the 
Committee you don't remember where you picked the firearm up 
from?

BENJAMIN BRODE: I've got no recollection of that.

MR PRIOR: Did you receive any medical treatment at the scene?

BENJAMIN BRODE: Yes, they said they were going to take me up to the 
hospital.

MR PRIOR: Did you receive no injections or medication?  Can you 
remember?