Amnesty Hearings — Cape Town — 1997-07-14

CHAIRPERSON: Ms Inthanga, are we ready to proceed?  Yes?

MS INTHANGA: Yes, Mr Chairman.

CHAIRPERSON: Will Counsel place themselves on record?

UNKNOWN: Adv Gustav Cook for the applicant.

MR PAPIER: My name is Tasmil Papier, from the firm Papier Charles and Associates, appearing on behalf of the Kriel family, opposing the application and I am assisted by my colleague, Vincent Saldanha from the Legal Resources Centre.

CHAIRPERSON: Yes, Mr Cook?

UNKNOWN: I would like to refer you to page 1 of the application, that is the application of Mr Benzien.  The first page is only the formal information which is before you and I would like you to turn to page 2 and I will start with paragraph 8(b).
	I will ask my client the questions and then he can answer it.  Captain Benzien ...

CHAIRPERSON: Has he been sworn in?

JEFFERY T BENZIEN: (sworn states)

UNKNOWN: Mr Chairman, may I proceed.  I refer you to paragraph 8(b), Mr Benzien.  Would you please read that out for the Committee, your force number and your date of appointment and then your personal particulars.  I think there is a problem with his microphone.

JEFFERY T BENZIEN: Chairperson, my force number is 0080113/5, my date of appointment in the South African Police was the 31st of December 1976.  I was a student in the police, it is now the Police Services, from the 1st of January 1977 to the 1st of June 1977.
	I attended the Training College of the South African Police from 1 June 1977 to 31 December 1977.  I was initially attached to the Uniform Branch in Cape Town from 1 January 1978 to 1 June 1978, after which I was transferred to the Detective Branch in Cape Town, where I was from the 1st of June 1978 to 1 June 1979.
	I was then transferred to Murder and Robbery Unit, stationed at Bishop Lavis, from 1 June 1979 to 1 June of 1986 after which I was transferred to the then Security Branch in Cape Town from 1 June 1986 to 1 June 1990.
	During my service with the Murder and Robbery Unit in Bellville, I apologise, from the Security Branch, Cape Town I was retransferred to Murder and Robbery, Bellville South, from the 1st of June 1990 to the 31st of December 1992, and after that, I was transferred to the Police in Stanford as a Station Commander, and that was from the 1st of January 1993 to the 31st of March 1994, and I am currently employed at the Airwing of the South African Police Service, Cape Town and I was promoted to the rank of Captain with effect from the end of May of this year.

UNKNOWN: Chairperson, before we continue, there is something which my client would like to say to the Committee and to all people whom he has harmed.  It is an introductory statement that he would like to make before we continue, and I am asking for your time and your patience so that he can read it out to the people.

CHAIRPERSON: He may do so.

JEFFERY T BENZIEN: Thank you Mr Chairperson.

JUDGE WILSON: Have you got copies of it?

UNKNOWN: No, these are not copies that I want to hand in.

ADV DE JAGER: Mr Cook, the reason why we are requesting copies, is that we now have to take notes, and this is a document which he is reading.
	If  you can give us copies, it just expedites our work, otherwise we have to sit here and take notes of everything that he says whilst he reads from a document.

UNKNOWN: I understand your problem, unfortunately I haven't made copies because it isn't really a document which I want to submit.
	It is actually if one can call it that, a speech which he wants to make, which forms part of the application.

CHAIRPERSON: You may proceed.

JEFFERY T BENZIEN: Thank you Chairperson.  Before I start with reading out of my application, I would like to mention the following
	Firstly, I apologise to any person or persons whom I have harmed and I specifically apologise to the families of Ashley Kriel for the death of their son and brother.  Although I deny that I killed him unlawfully and wrongfully, he did however die as a result of an action on my part and for that I apologise.
	Life is precious and judged ex post facto, and based on today's political situation of reconciliation, his death was unnecessary.
	Further I also apologise to the people whom I assaulted during interrogation, namely Peter Jacobs, Ashley Forbes, Anwar Dramat, Tony Yengeni, Gary Kruse, Niclo Pedro and Allan Mamba.
	Director, Gary Kruse contacted me last week and we talked about reconciliation.  In the position which I am sitting here today, the persons whose names I have now mentioned, have come to me and have shaken my hand and wished me all the best and I think Mrs Forbes, I know her as Mina Pandy, I would like to thank her very much for her attitude.  It has strengthened me in this difficult position which I find myself.

UNKNOWN: Mr Benzien, before you continue, please slow down for the sake of the interpreters.

JEFFERY T BENZIEN: I will do so.  According to what I heard this morning and last week, I believe there is no question of any bitterness amongst these people.  As Director Kruse mentioned, Jeff, we are all now on the same side.
	They also told me that they wouldn't oppose my application and I will be eternally grateful to them for that.  It is now reconciliation, forgive and forget at its best. 
	It should also be mentioned that about a year ago, Jeremy Vearey who is now a Senior Superintendent in the South African Police Service, Information Unit, he approached me and asked me to join his Unit.
	My answer to Senior Superintendent Vearey was I would consider it if it has nothing to do with politics.  In my application I apply for amnesty for perjury in that I hadn't spoken the truth during the court proceedings and also as a result of the assaults which I have committed on Gary Kruse, Mr Yengeni and the rest, excluded the Ashley Kriel incident.
	The question which could now be asked is why my application now should be believed?  Superintendent Liebenberg and myself are the only members of the Terrorist Tracking Unit who applied.  I was the first one and I did that voluntarily.
	I cooperated with the Truth Commission from the outset.  On the 8th of April of this year, I met members of the Truth Commission and I approached them of my own free will and I wasn't subpoenaed to attend proceedings.
	I cooperated with the Investigation Unit, that is the Investigation Unit of the Truth Commission and was interrogated or questioned by them almost a whole day and I have declared myself to be willing to provide further information.  A further date, the 23rd of April, was arranged with my legal representative and that date did not materialise and that was not due to my fault.
	In letters to the Truth Commission, I declared myself willing to, should I be provided with the necessary information, to further assist the Committee.  Unfortunately that never happened.
	The fact that Director Kruse is not opposing my application also indicate that they forgive me and accept my version as correct.  Since Ashley Kriel's death, I stand by my version of the fact that his death was an accident, a formal judicial inquest was held and there my version was accepted.
	During the inquest Ashley Kriel's family were represented by one of the top Advocates and evidence was led on their behalf.  A Pathologist appointed by the family, could not contradict my evidence and I stand by my version and I say that it was true and correct.
	To conclude, I would once again like to say to the family and all the men and women whom I harmed, I would like to apologise to them, thank you Chairperson.