Amnesty Hearings — East London — 1998-05-25

MR BOTHMA: Same area.   And then on page 1, Roman (iv), paragraph Roman (iv)(f), you're referring to the collapsed lung.   What was the cause of that, the stab wounds or was it the gunshot wound?   Roman (iv) on the first page.

DR MAGOBELA: I would say that was the cause of a sharp object to the thorax.

MR BOTHMA: In other words parts of the stab wounds to the chest area itself?

DR MAGOBELA: Yes.

MR BOTHMA: Thank you, Doctor.
NO FURTHER QUESTIONS BY MR BOTHMA

MR MBANDAZAYA: Doctor, one portion of my question has been covered by Mr Bothma, it will be only one question and that's a matter of clarification, you told the committee that an incised wound was caused, possibly caused by a sharp object and laceration by a blunt object, are you saying to the committee that there were two different instruments, two different instruments were used to the body of the deceased?

DR MAGOBELA: Yes, that is so.

MR MBANDAZAYA: Thank you, Mr Chairman.
NO FURTHER QUESTIONS BY MR MBANDAZAYA

CHAIRPERSON: Doctor, if you look at the first page of the diagrams, what I have of the first page, you show there incised lacerations on the right-hand having an entry and an exit?

DR MAGOBELA: I don't see it, Mr Chairman.

CHAIRPERSON: It's the second-last page of that report.

DR MAGOBELA: Yes, I can see it here, Mr Chairman.

CHAIRPERSON: Would that have been a bullet wound?

DR MAGOBELA: It is possible, Mr Chairman, that it could be a bullet wound, since it's a laceration.

CHAIRPERSON: And you show on the diagrams, on both pages of diagrams, an injury of some sort underneath the left eye, there seems to be some misunderstanding perhaps on the second page, because there's a long line leading away from it and it says "2,5cm laceration, sole of foot, 150", sorry, "150cm from sole of foot"?

DR MAGOBELA: Yes, Mr Chairman, that is the distance between sole of the foot and also the laceration.

CHAIRPERSON: Now what sort of injury was that?

DR MAGOBELA: It was a laceration, it was a break in the skin due to a blunt object.

CHAIRPERSON: Now was that the entry wound described as on the left maxillary area?   At the bottom of page 4 of the report
"Entry wound noted on left maxillary area, fracturing maxillary bone and floor of left anterior cranial fossa, entering brain and..."... (intervention).

DR MAGOBELA: Yes, that is so, Mr Chairman.

CHAIRPERSON: Was that the entry wound of the bullet?

DR MAGOBELA: It was the entry wound, yes, Mr Chairman.

CHAIRPERSON: That blew the skull to pieces?

DR MAGOBELA: Yes, Mr Chairman.

CHAIRPERSON: And would have caused immediate death?

DR MAGOBELA: Yes, Mr Chairman.

CHAIRPERSON: Unfortunately, whoever prepared these, didn't bother to photostat the other side of the page.   You continued and said
"See Annexure, p.t.o."
but p.t.o. is a blank page.

DR MAGOBELA: Yes, Mr Chairman.

CHAIRPERSON: But you are satisfied that is where the bullet went in, it went up through, shattered the bone there, shattered the bone at the base of the skull... (intervention).

DR MAGOBELA: At the base of the skull.

CHAIRPERSON: ...and blew the brain out... (intervention).

DR MAGOBELA: Yes, Mr Chairman.

CHAIRPERSON: ...and would have caused immediate... (intervention).

DR MAGOBELA: Yes, Mr Chairman.

CHAIRPERSON: ...death?   Thank you.

MR PRIOR: Thank you, Mr Chairman, may Dr Magobela be excused from further attendance and we thank him for coming to the hearing?

CHAIRPERSON: I gather, Doctor, that there are a lot of people waiting to see you back in your rooms and the sooner we excuse you so you can get back to treating them, the better.   Thank you for having come today.

DR MAGOBELA: Thank you, Mr Chairman.
WITNESS EXCUSED

MR PRIOR: Mr Chairman, I call Inspector Mete(?).   Mr Chairman, Mr Mete will give evidence regarding the arrest, and his statement that he made initially appears at paginated pages 33 to 36 of the bundle marked B.

INSPECTOR METE: (sworn states)

MR PRIOR: Mr Mete, is it correct that you are an inspector in the South African Police Services stationed at Umtata at present?

INSPECTOR METE: That's correct, sir.

MR PRIOR: During 1993, and in particular August, were you a, at that time a detective warrant officer in the Transkeian police stationed at Umtata and attached to the Criminal Investigation Department?

INSPECTOR METE: That's correct, sir.

MR PRIOR: Is it correct that in respect of the Mike and Done Meyers murder, you made a statement under oath, which was attested to on the 17th of January 1994 before a commissioner of oaths?   I'm referring now to the statement that you read out this morning, or you read over this morning?

INSPECTOR METE: That is correct, sir.

MR BOTHMA: Mr Chairman, sorry, I need to give the witness a copy of that statement.

MR PRIOR: It's in bundle B, Mr Bothma, that's bundle A, sorry.   Do you want to use mine?   Mr Chairman, we do have a, Mr Bothma and I will share my copy.

MR BOTHMA: All right, thank you very much, I think it will be safer, let the witness have his statement in front of him.

MR PRIOR: Mr Mete, is that correct, the statement which is marked 34 and 35 in the bundle is the statement that you read over this morning and it is clear that you made that in January of 1994?   Sorry, Mr Chairman, there doesn't seem to be any sound coming through the...   It's back on now, can you hear us?   Thank you, Mr Chairman.   Mr Mete, can you hear?

INSPECTOR METE: I can hear you.

MR PRIOR: Thank you, Mr Chairman.   Can I proceed?

INSPECTOR METE: Yes.

MR PRIOR: Can you hear me now?

INSPECTOR METE: Yes.

MR PRIOR: Yes, all right.   Is it correct that the statement you have in front of you, which is marked in black 34, 35 and 36, is the statement you made in this matter during the criminal investigation on the 17th of January '94?

INSPECTOR METE: That is so, yes.

MR PRIOR: And you read it over this morning?

INSPECTOR METE: That is so, yes.

MR PRIOR: Now, Mr Mete, I simply want to, I don't want to get all the detail, because we can read it through ourselves, you did certain things regarding the report of this robbery of this vehicle.   I want you to take the committee through your evidence from the time that you got back to the scene where the truck was parked and there was a flashing blue light and you saw Lieutenant Magadelela, as he then was, and specifically relating to your dealings with the two applicants, Mr Kulman and Mr Tuta.   Can you take us from there, what occurred?