Amnesty Hearings — Cape Town — 1997-10-20

MR BRINK: Yes, Mr Chairman, this is the resumed hearing of the application of Mr Geoffrey Benzien.  I did place on your desk Mr Chairman last week, five copies of a psychologist's report relating to Mr Benzien for distribution to the Committee, I don't know whether you have that.

CHAIRPERSON: Yes, we've received those, thank you.  Mr Cook?
	I would like please the photographers to desist from doing that whilst we are proceeding the evidence, I would appeal to you not to do that please.

JUDGE WILSON: Will you please move from in front.

CHAIRPERSON: You'll have ample time photographing people you want to when they are walking out.  Mr Cook?  Yes, Mr Cook?

MR COOK: Thank you Chairperson, may I continue?

CHAIRPERSON: Yes.

MR COOK: Firstly, I am going to hand in the psychologist's report, I believe copies have been made.  I've placed it into neat volumes and then we'd like to deal with that.  There are five copies, one for each member of the Committee.

CHAIRPERSON: Yes, proceed.

MR COOK: Thursday we had the pre-trial meetings and then Mr Robin Brink indicated that it was not necessary to call the psychologist, in any event the psychologist wouldn't have been available to testify today.  If we look at the certain relevant issues and I'd like to emphasise certain points - if you turn to page 2 at the bottom, I'd like to read you the quote there, it's the second last sentence
"He still suffers from nightmares with contents that relate to his work in the security branch, in example the interrogation of people"
Please just turn the page.
"It is my professional opinion that he suffers from post-traumatic stress disorder as a direct result of the work he did in the security branch, in example the methods he used in the interrogation of people in order to obtain information from them"
The second paragraph which is of importance here is in the centre:
"He cannot recall important features or detail about the events"
The third paragraph in the middle:
"Typical of patients with PTSD"...[intervention]

ADV DE JAGER: Mr Cook, you're going a little bit too fast, where's the second paragraph to which you referring?

MR COOK: It's in brackets, numbered (2) on page 3(2) and then the first, second and third sentence of that specific paragraph reads
"He cannot recall"
And the third paragraph in the middle starts with the sentence:
"Typical of patients with PTSD"
Do you have that?
"He had tunnelled memories, that is he could only remember certain aspects of the situation and had no recollection of other aspects of the situation.  He brought out many memories because of the traumatic nature of these incidents.  This was specifically true of his memories regarding the interrogation of people".
The next paragraph:
"It is my professional opinion that Mr Benzien is not being intentionally vague about detail regarding his work in the security branch.  I am convinced that his weak memory is due to PTSD and major depression, as I encounter this phenomena almost daily in my work with such patients"
The last paragraph at the bottom, second line from the bottom:
"He expressed remorse and self loathing and wished that he was never appointed to the task"
Next page, page 4(3):
"The patient had at least two of the following symptoms of hyper-arousal that were not present before the traumatic events or events"
A list is then mentioned there.  Please turn to page 5, the paragraph which reads:
"Concentration:  Mr Benzien has severe impairment of concentration and memory for detail. Other symptoms are indecisiveness and difficulty in thinking clearly.  This symptom is also a main feature of PTSD and has been disclosed more fully in 6.1"
Paragraph 7 - The Conclusion:
"Mr Benzien suffered from severe PTSD and a major depressive episode caused by the events he experienced in the course of his duties"
The next paragraph:
"In my professional opinion Mr Benzien does not suffer from a personality disorder which includes anti-social personality disorder also known as psychopathic"
Page 6, right at the top:
"His personal life therefore does not evidence the aggression showed in the execution of his duty.  Both PTSD and major depression impairs a patients memory and it becomes evident during therapy that Mr Benzien has blocked out large areas of experience.
	When exposed to unpleasant circumstances of severe trauma, patients block out negative experiences.  Sometimes people will even block out even positive experiences together with negative events in an unconscious effort to forget unpleasant detail.  It is in this light that Mr Benzien's recall - ability should be seen.  
	In my opinion he's not untruthful in his effort because I was witness to the painful process he underwent to make the decision to apply for amnesty.  He is a person that has always considered himself loyal to the South African police and his colleagues and a decision to appear before the TRC has been traumatic.  
	This has been a painful process which started long before the act of applying for amnesty and after seeing his suffering during the last six months.  I do not believe that he will make a mockery of the process he is presently participating in, the toll his work has taken from him and his family has been too great.  
	He was a good detective who had an excellent record in breaking crime and because of his success he was recruited to a position that has broken him mentally and physically".
It was signed by Ria Kotze who is a psychologist.  I'll hand this in as an exhibit, as you please.  The next exhibit which I'd like to hand in if I may continue, that is the documents relating to the inquest, number 314 ...[intervention]

JUDGE WILSON: Sorry, the last exhibit you handed in, what exhibit is that?

MR BRINK: I think it's D Mr Chairman.

JUDGE WILSON: D?

MR COOK: D.  The inquest procedures would be E, the documentation regarding it.  At this stage I hand in the entire proceedings of the inquest, you will be handed a copy - Mr Brink will give it to you but at this stage what I would like to give you is the final conclusion of the inquest on the prescribed form, perhaps I can hand that in now.
	Paragraph C contains the finding of the Magistrate who sat with assessors and he said that the cause of death was a pistol shot accidentally - which happened accidentally and that was the final result of the inquest.  I'm handing in the entire inquest proceedings because it will be necessary during argument stage to refer to certain pages.

CHAIRPERSON: What is the name of the Magistrate, can you tell us?

MR COOK: Mr Schagen.

CHAIRPERSON: How do you spell that?

MR COOK: It is on the paper I gave you - Exhibit E, the second ...[intervention]

CHAIRPERSON: I beg your pardon, thank you.

JUDGE WILSON: But it's signed by Hoffman?

MR COOK: If we look at the inquest proceedings then Schagen actually made the findings but perhaps Hoffman just signed the document but I will still hand in the entire documentation, there's nothing sinister about it.
	I continue then to hand in the next exhibit, that is the Amnesty Application of Superintendent Liebenberg.  I have one copy which I will hand in at this stage - his application should be before you at this stage but this could be Exhibit F.

ADV DE JAGER: Mr Cook, are you aware of the fact that that application is on the role for hearing now?

MR COOK: Yes, that is why I'm not going to give each one of you a copy, I just want to hand it in my client's application so that it isn't later said: "Yes, but on a technical point you haven't handed in exhibits yet".

CHAIRPERSON: There's now fear of that technicality being raised by this Commission.