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

CHAIRPERSON: We also welcome Mr Norman Arendse, who was not here at the beginning of the proceedings.

NORMAN ARENDSE: I didn't hear anything bad about me, so I've got absolutely nothing to say, but I did try and make prior arrangements that I'd be late.  Thank you.

CHAIRPERSON: Brian Currin, we also would like to welcome you.  Your interests were well looked after by....

MR CILLIERS: May I find out why I was the only one who was criticised in my absence?

CHAIRPERSON: Mr Vally, before you begin, I would also want to recognise the presence in our midst of a group of researchers from Austria, from the Southern African Documentation and Corporation's Centre in Vienna and my pronunciation will not be one of the best, but I believe that they are a group of people, one of whom is Alfie Hochner, if they came welcome Alfie, Juta Jorend, Andrea Klausgreber, Isabelle Oliver, Alfreda Petton, Walter Sauer and Juta Wagley-Uninger.  Welcome to South Africa, and welcome particularly to these hearings.
 I'd also want to recognise the presence in our midst of Ellis Gouws who is the contributing editor to the News Week Magazine, and he's from New York.  Welcome Mr Gouws.  Mr Vally?

MR VALLY: For the record we have received the court application by Dr Wouter Basson and it will be attended to immediately when we have a break.  It's dated - we received it on the 7th of July 1998, according to the note on it at 09h30.

CHAIRPERSON: If you could go ahead then Mr Vally.

MR VALLY: Thank you, Mr Chair.
 Dr Mijburgh, we were busy with the change of the name of Medchem Technologies on the 11th of December 1991 to Data Image Information Systems and the company registration number starting with 90, and on that same date the creation of another company, also called Medchem Technologies with a different company number.  Did you have any explanation for us for this?

DR MIJBURGH: At the moment no.  I will have to consult with my auditors to find out what the reason for that was, I'm assuming that there was a good business reason for that, but I have no idea why it happened.

MR VALLY: Briefly, who are your auditors?

DR MIJBURGH: Who are my auditors?  Coopers and Lybrandt.

MR VALLY: And at the time?

DR MIJBURGH: The same, they might have been Coopers, Theron, Du Toit, they had a couple of name changes, but they're essentially still the same firm.

MR VALLY: Not Mr Truter?

DR MIJBURGH: No.

MR VALLY: If you look at TRC 77, TRC 77 is an offer for the manufacture of Baxil.  Baxil as we now know is the code name for ecstasy.  Do you have TRC 77 with you?

DR MIJBURGH: Yes.

MR VALLY: Can you advise us the circumstances in which you made this offer to Brigadier Basson?

DR MIJBURGH: We were requested to quote for the supply of 1000 kilograms, and that is why we drafted this quote.

MR VALLY: And who made the request to you?

DR MIJBURGH: I can't remember specifically, but I think it was Dr Basson, the quote was addressed to him.

MR VALLY: Now if you look at that same document, TRC 77, and this is now July the 30th 1992, approximately 7 months after the change of name of Medchem Technologies, and top right-hand corner if you look - see the company registration number.  The company registration number set out there is the same one for Data Images now, Data Image Information Systems, you see what I'm referring to?

DR MIJBURGH: Yes.

MR VALLY: Can you explain
(NO MECHANICAL RECORDING)

MR VALLY: Very briefly, you get an order for 1000 kilograms of ecstasy, you think it's for Dr Basson, an issue which makes you nervous, because you ask the Surgeon-General for indemnity in case you're prosecuted, but you're not sure who you got the order from now, is that correct?

DR MIJBURGH: I can't recall specifically who made the request for the quote, the order was received from the Defence Force.

MR VALLY: Fine.  You then get Dr Koekemoer to manufacture it.  He has told us that he was concerned about this because he did not believe it was an effective incapacitant and he raised his concerned with certain people.  You say he did not raise it with you?

DR MIJBURGH: I can't remember that he ever referred to it at the relevant forums.

MR VALLY: Did you ever discuss it with Koekemoer, Dr Koekemoer, your concerns about possible prosecution?

DR MIJBURGH: I will assume that I was part of the talks and negotiations because this took place at the management meetings of Delta-G where Dr Koekemoer would have been present, so for that reason I assume that it was discussed.

MR VALLY: But you're not sure?

DR MIJBURGH: No, I'm sure it was discussed at the meetings where Dr Koekemoer was present.  I can't recall that I specifically spoke to him, with him alone.

MR VALLY: Dr Koekemoer, as the chemist at the time and as the person responsible for production, did not raise with you that it wasn't an effective incapacitant?

DR MIJBURGH: I can't recall that he ever said that.

MR VALLY: Would you have remembered if he had said so?

DR MIJBURGH: Possibly not.

MR VALLY: Why not, you were worried about possible prosecution, you were so worried that you in fact asked for a written indemnity?  Were you operating totally as a soldier, you just manufacture whatever you're told to manufacture without concerning yourself about the product?

DR MIJBURGH: I don't think so, Mr Vally, it was discussed and we did discuss how we could assure that it be a legal transaction and we received the indemnity or the approval of the Surgeon-General.

MR VALLY: The question is, the purposes for which it was manufactured, were you never ever concerned about that?

DR MIJBURGH: I assumed that it was an incapacitant which the Defence Force wanted to use.

MR VALLY: You weren't aware of Dr Koekemoer's concerns?

DR MIJBURGH: I can't remember that he mentioned it at that stage.

MR VALLY: You are a medical doctor, at very least you know about the abuse of certain habit forming substances.  As a medical doctor weren't you concerned?

DR MIJBURGH: Concerned about what?

MR VALLY: The possible abuse of the ecstasy that you were manufacturing.

DR MIJBURGH: At the stage I didn't think there was a possibility of abuse.

MR VALLY: Why not?

DR MIJBURGH: As far as we were concerned, it was a legal order from the Defence Force.

MR VALLY: I see, fine.  You manufacture 1000 kilograms of ecstasy, you told us earlier it was delivered to Dr Basson.

DR MIJBURGH: Dr Basson received it.

MR VALLY: Well we have evidence from Dr Koekemoer that he personally delivered it to you at Medchem Consolidated.  Were you not the Managing Director of Medchem Consolidated?

DR MIJBURGH: Yes, I was.

MR VALLY: He says he personally delivered it to you.

DR MIJBURGH: He delivered it to the Medchem Offices, that would be the normal channel.  Medchem was specifically the contact point between Delta-G and the Defence Force.

MR VALLY: Do you still maintain that Medchem Technologies was a private company and not a military funded company?

DR MIJBURGH: Yes, according to my definition.

MR VALLY: Which is what?

DR MIJBURGH: That the beneficial owners were never the Defence Force and the Defence Force never had any say in the board of directors of the company.

MR VALLY: So if the Defence Force had no say at all in the board of directors of the company and were not the beneficial owners as you put it, and you also told us that you put up the capital for it, then the thousand kilograms of ecstasy was delivered to a private company, ostensibly ordered by the Defence Force.

DR MIJBURGH: Yes.

MR VALLY: How do you explain that, a military front company gets the order from the Defence Force, a military front company then executes the order and delivers it to a private company.

DR MIJBURGH: In 1992 Delta-G was not longer a military front company.

MR VALLY: What was it now?

DR MIJBURGH: It was a privatised company.