Amnesty Hearings — Cape Town — 1997-10-31

FRANCISCO CERQUEIRA: Correct.

JUDGE WILSON: Was that one of those bullet marks do you 
think?

FRANCISCO CERQUEIRA: The lower one on the corner of the wall Sir.

JUDGE WILSON: So that bullet mark was caused at the time that 
they shot at you and Brode?

FRANCISCO CERQUEIRA: That is correct, Sir.

JUDGE WILSON: Now, at that stage, looking at the picture, it 
must mean that the car had already passed your restaurant because 
otherwise they couldn't shoot a bullet into that entrance passage 
way, could they?  That couldn't have been shot from further up the 
road?

FRANCISCO CERQUEIRA: Are you talking about the second shot Sir?

JUDGE WILSON: Yes, the one lower down that you have pointed 
out?

FRANCISCO CERQUEIRA: Correct, the shots were still being fired after we 
had gone into the restaurant.

JUDGE WILSON: They were still firing shots as they were passing 
the restaurant?  By that time they were passed the restaurant?

FRANCISCO CERQUEIRA: Correct.

JUDGE WILSON: And they were firing shots?

FRANCISCO CERQUEIRA: There were some shots that went into the 
restaurant, that hit a table and hit the glass on the top.  As you can 
see, there is another mark there, and there is one lower down on the 
door that the Police didn't really find.

JUDGE WILSON: But your brother's body was further up the 
road?

FRANCISCO CERQUEIRA: My brother's body was ... (intervention)

JUDGE WILSON: Where the drainage is shown?

FRANCISCO CERQUEIRA: (a).

JUDGE WILSON: On the other side of the traffic light?

FRANCISCO CERQUEIRA: On this side, yes.

JUDGE WILSON: Just above the traffic light, isn't it?

FRANCISCO CERQUEIRA: That is correct.

JUDGE WILSON: Yes.

FRANCISCO CERQUEIRA: It is about 500 feet.

JUDGE WILSON: 500 metres.  Because what causes me some 
confusion is that that would indicate that your brother was probably 
shot before the car passed the restaurant, wouldn't it?

FRANCISCO CERQUEIRA: Correct, correct.

JUDGE WILSON: So that would be before the shots were fired at 
you, your brother had been shot further up the road?

FRANCISCO CERQUEIRA: Sorry Sir, I didn't hear that?

JUDGE WILSON: If your brother was shot further up the road, 
that was before the shots were fired at you and Mr Brode?

FRANCISCO CERQUEIRA: If he was shot further up the road?

JUDGE WILSON: Yes.

FRANCISCO CERQUEIRA: Correct.

UNKNOWN: Mr 
Chairman, just leading on from Judge Wilson's questions.   Doesn't 
that then make it now more than a possibility that your brother ran 
out first, he was shot.  He shot at the attackers, he was then shot 
and as they continued coming down, by the time you came out, you 
were now - the car was now either at the robot or just passed the 
robot and this volley of fire may have continued and that is why you 
see these marks?

FRANCISCO CERQUEIRA: Sorry, I didn't understand that.  When the car 
came passed the restaurant?

UNKNOWN: Your brother was already shot?

FRANCISCO CERQUEIRA: No.

UNKNOWN: But your brother was shot further up Mr 
Cerqueira?  Your brother was lying at the drain.

FRANCISCO CERQUEIRA: No, my brother was shot between the drain and 
that set of robots.  You can see for yourself it is not very far from 
the restaurant.

UNKNOWN: Yes.

FRANCISCO CERQUEIRA: It is not very far from the robot.

UNKNOWN: But it is further up?

FRANCISCO CERQUEIRA: Further up from where?

UNKNOWN: Further up from the, it is further up from the 
door, not by much.

FRANCISCO CERQUEIRA: Sir, it is about the distance from here to there.

UNKNOWN: Yes, now that is why I am asking you isn't ... 
(intervention)

CHAIRPERSON: Just hold it.  The witness indicate the distance 
between the front door, the front entrance to where your brother 
was, is that what you are saying?

FRANCISCO CERQUEIRA: Yes, Sir.

CHAIRPERSON: And you point it out as how much?

FRANCISCO CERQUEIRA: It is about that distance.

CHAIRPERSON: About a meter, Mr Arendse?  Mr Prior?

MR PRIOR: I understand it to be about a meter, Mr Chairman.

CHAIRPERSON: Is that the end of it?

UNKNOWN: No, I just want to put it to Mr Cerqueira, that 
that Mr Cerqueira, strengthens, okay firstly I want to ask you why, 
or unless you tell me it was not particularly relevant or you weren't 
asked, why are you now mentioning about the, after you saw 
photograph number 22, are you mentioning the shots that were fired 
through the door and that a glass inside the restaurant was hit?

CHAIRPERSON: If those are in fact the facts, does it really 
matter?

JUDGE WILSON: Nobody bothered to ask him, did they Mr 
Arendse?

CHAIRPERSON: Carry on.

JUDGE WILSON: And doesn't the, if you are looking at 
photograph 22, it appears to indicate as far as I can see, that that 
third line is going to a bullet line through the door, isn't it?

UNKNOWN: I am not going to pursue this because this is a 
different process, otherwise I would have with respect.  I think a 
witness is here to tell us what happened, exactly what happened, and 
he just didn't mention that.
	I think it perhaps effects the other evidence, but that is for 
argument, so just leave it.
	I just want to put it to you Mr Cerqueira, that it strengthens 
the  possibility that your brother must have run out before you, in 
front of you, that he was shot in front of Machados, outside of 
Machados.

FRANCISCO CERQUEIRA: Machados.

UNKNOWN: Machados, yes, and can you explain then how 
come you never saw him?

FRANCISCO CERQUEIRA: Because simply Mr Arendse, he was not in front 
of me.

UNKNOWN: Okay.  I have disputed that already, I have got 
no further questions.

CHAIRPERSON: Mr Cerqueira, you are excused from further 
attendance, thank you.

FRANCISCO CERQUEIRA: Thank you, Sir.

MR PRIOR: Mr Chairman, I have a statement of Cathy Cerqueira, 
who is not attending the proceedings.  Would it be appropriate at 
this stage to read it onto the record?

CHAIRPERSON: Is it under oath?

MR PRIOR: No, it is not on oath.

CHAIRPERSON: Well, leave it out then, Mr Prior.

MR PRIOR: I will see that she makes the oath.

CHAIRPERSON: If it is relevant.

MR PRIOR: It was her submission as a victim, I thought it may be 
appropriate to deal with it, but I will leave it till later.
	Mr Chairman, I indicated in Chambers that the victims had 
drafted a letter and wished to place it on record.  May this be an 
appropriate stage Mr Chairman.

CHAIRPERSON: Can it be done during the evidence that they are 
going to give?  Aren't you going to call any witnesses?

MR PRIOR: Yes, I intend calling Mrs Langford first.  She comes 
from Port Elizabeth.

CHAIRPERSON: Well, call her.

MR PRIOR: And maybe she can read the statement.

CHAIRPERSON: Whoever they decide can read it.

MR PRIOR: As the Chairman pleases.  I call Mrs Langford.

ANDREA JEANNETTE LANGFORD: (sworn states)

MR PRIOR: Mrs Langford, as one of the 
next of kin, a letter was drafted or prepared by the victims as a 
group, is that correct?

ANDREA JEANNETTE LANGFORD: That is correct, yes.

MR PRIOR: Will you please read it onto the record?