Amnesty Hearings — Pietermaritzburg — UNKNOWN

BERNARD MAKGABO NGOEPE: Just make sure that you leave enough
	/time for
time for your client as well.

MR DU TOIT: I am sorry?

BERNARD MAKGABO NGOEPE: Just make sure that you leave enough time for your client as well to come and testify.

MR DU TOIT: Yes.  What the evidence will also show is that my client was found guilty in April of '92, that he was sentenced to death.  There were certain remarks made by the Trial Judge asking for an inquiry into the management system.  It will be shown that the remarks made were correct, and it is also clear that no such investigation ever took place.
Lastly, my client will inform you briefly of what he is now, of what has happened to him, of how he sees the future, and he will also address the victims and the relatives of the victims.
Mr Chairperson, this more or less in brief is what the evidence will show.

CHAIRPERSON: Yes, you may proceed by calling your witness.

MR DU TOIT: May I then ask you to do the necessary.  I would like to lead the evidence of the applicant.

BRIAN VICTOR MITCHELL: (Sworn, States)

MR DU TOIT: Mr Chairperson, my junior, Advocate Naidoo, will briefly lead the evidence in respect of the personal aspect.

MR DU TOIT: QUESTIONED BY MR NAIDOO

MR DU TOIT: Mr Chairperson and Members of the Committee, I shall go into the personal details, education and training of the applicant, and for your convenience I'd refer you to page 10 of Volume I of the papers placed before you.  That is at page 10.  Mr Mitchell, will you please state your

MR DU TOIT: /full name

MR DU TOIT: full name for the record?

WITNESS:   Brian Victor Mitchell.

MR DU TOIT: Yes.  And how old are you?

WITNESS:   I am 39 years old.

MR DU TOIT: It is common cause that you are presently held at the Pietermaritzburg Prison.

WITNESS:   That is correct.

MR DU TOIT: And that you were arrested on 2nd August 1991 on 11 charges of murder and seven charges of attempted murder, isn't that correct?

WITNESS:   That is correct.

MR DU TOIT: Where were you born?

WITNESS:   I was born in Vryheid.

MR DU TOIT: And when?

WITNESS:   On the 27th of July 1957.

MR DU TOIT: Will you speak up please so that we can hear you clearly.  And where did you school, Mr Mitchell?

WITNESS:   I went to school at General Smuts High School.

MR DU TOIT: And when did you join the South African Police?

WITNESS:   I joined the police force on the 31st of December 1975.

MR DU TOIT: And what was your age at that time?

WITNESS:   Then I was 18 years old.

MR DU TOIT: And had you completed your basic training?

WITNESS:   Yes, I did.

MR DU TOIT: Where did you complete that training?

WITNESS:   I did it at Pretoria Police College.

MR DU TOIT: And after having completed your basic training where did you initially serve?

WITNESS:   I was then posted out to the Krugersdorp Police Station.

MR DU TOIT: When was that?

WITNESS:   That was in July 1976.

MR DU TOIT: So after your term of service at Krugersdorp in 1976 where did you go to?

WITNESS:   I was then sent to Pinetown Police Station.

MR DU TOIT: And will you inform the Committee and Chairperson when that was, what year?

WITNESS:   That was at the

MR DU TOIT: /beginning

MR DU TOIT: beginning of 1977.

MR DU TOIT: And from there where were you posted?

WITNESS:   I was then posted to Umzinto Police Station.

MR DU TOIT: That is the Umzinto Police Station?

WITNESS:   That is correct.

MR DU TOIT: In what year?

WITNESS:   It was at the - in approximately 1983.

MR DU TOIT: And after having served in Umzinto where did you then go to?

WITNESS:   When I became an officer I was posted at Pretoria head office.

MR DU TOIT: Which office is that?

WITNESS:   I then - in Pretoria head office.

MR DU TOIT: And thereafter where were you posted?

WITNESS:   From there I went to Pietermaritzburg, Loop Street Police Station.

MR DU TOIT: In what way were you transferred to Pietermaritzburg?

WITNESS:    I was there as branch commander.

MR DU TOIT: And in which part of the police system did you work?

WITNESS:   Then I was in the uniform branch.

CHAIRPERSON: Can you talk a little more loudly please.  It might be difficult for people to hear.

MR KAJEE: How long were you there for?

WITNESS:   I was only there for a couple of months.

MR KAJEE: And thereafter where were you posted?

WITNESS:   From there I went to Pietermaritzburg Divisional Headquarters.

MR KAJEE: Will you speak into the mike so that we may hear you clearly, Mr Mitchell.  In what capacity did you serve at the Divisional Headquarters in Pietermaritzburg?

WITNESS:   I was a staff officer.

MR KAJEE: Yes.

WITNESS:   And I was secretary to the Joint

MR KAJEE: /Management

MR KAJEE: Management System.

MR KAJEE: In what year was that?

WITNESS:   I was there in 19 - in 1980 - 1985.

MR KAJEE: It was roughly 19 ... (intervention)

WITNESS:   ... 87.

MR KAJEE: ... 87, not so?

WITNESS:   That's right, in 1987.

MR KAJEE: Yes, correct.  Now, the Divisional Headquarters in Pietermaritzburg, which area did that embrace?

WITNESS:   That stretched from Kokstad to AD Smith, to Greytown.

MR KAJEE: Yes.  And will you place on record whether you completed any diplomas or certificates?

WITNESS:   I've done a diploma in police administration.

MR KAJEE: Is it correct that you completed a diploma in police administration towards the end of 1983?

WITNESS:   Yes, that is correct.

MR KAJEE: And thereafter you were promoted to lieutenant in December 1985.

WITNESS:   That is correct.

MR KAJEE: And to captain in 1991.

WITNESS:   Yes, that is correct.

MR KAJEE: Yes.  Did you resign from the Police Force?

WITNESS:   I did.

MR KAJEE: When was that?

WITNESS:   That was in 1994.

MR KAJEE: Was that after your conviction?

WITNESS:   That is correct.

MR KAJEE: Why did you resign from your position?

WITNESS:   I resigned so that I could retain the medals that I had been given during my service in the Force, rather than be discharged and lose my medals.

MR KAJEE: Yes.  So you were afraid of losing your medals.  Will you inform us as to which medals these are?

WITNESS:   I was given a medal for combatting of terrorism, and for faithful service.

MR KAJEE: /And do

MR KAJEE: And do you have anything else to say in regard to your personal details?

WITNESS:   I was once a qualified and professional policeman, and I served the country and the people of my area with diligence.

MR KAJEE: Thank you.  Those are the personal details I wish to lead at this stage.  Later certain personal circumstances of the applicant will be led.  My learned leader will proceed with the further leading of this witness.  Thank you.

CHAIRPERSON: Thank you.

CHAIRPERSON: QUESTIONED BY MR DU TOIT

CHAIRPERSON: Mr Mitchell, it was in approximately February of 1987 that you commenced working at the Divisional Headquarters of the South African Police here in Pietermaritzburg, is that correct?

WITNESS:   That is correct.

CHAIRPERSON: What was your rank?

WITNESS:   I was a lieutenant.

CHAIRPERSON: And did you then come into close contact with Captain, later Major Terblanche, who was then the head of Riot Unit 8?

WITNESS:   That is correct.

CHAIRPERSON: What was the main function of this Riot Unit, as it was of other Riot Units in the country?

WITNESS:   It was the combatting of the unrest and the maintenance of law and order within the political sense of the word.

CHAIRPERSON: I must just ask you again to speak up please.  It's very necessary that everybody should hear what you're saying.  Now, did you develop some sort of relationship with Captain Terblanche, your superior?

WITNESS:   Yes, I did.

CHAIRPERSON: What type of relationship?

WITNESS:   I admired him and got to know him well in the time that I was there.  He had 	/a strong

CHAIRPERSON: a strong personality and he was a strict disciplinarian.  And he also ruled the unit with an iron fist.