auret denis van heerden yes. now i say you will be giving

23
Auret Denis van Heerden Yes. Now I say you will be giving evidence, you will be giving evidence for the State? --- That is correct. And I suppose that is also an embarrassment to you is it not? --- That is correct. Now we would submit to you without more Mr. van Heerden, that your evidence in these proceedings is very largely a sure attempt to slur the South AFrican Police and to obtain in the eyes of the world, of the people that you care for, to rehabili tate your own name, an image? You are free to comment on that ___ Well my comment is simply that my motivation in coming to this Court was not an easy one. You are perfectly right Mr. Schabort in saying that the last couple of years have not been easy- The conduct of the South AFrican Police towards me and other detainees has not lightened that load in any way. The threats that were made against me were very very explicit. The victimization continues still. It was not an easy thing to come to this Court. I would not come here likely, I would not place myself at that risk if I did not feel duty-bound or morally bound to say what I said to this Court and if you feel that I am here simply to slur the South African Police, all I can say is that the truth is often an embarrassing thing. Yes, thank you, Your Worship. NO FURTHER QUESTIONS BY MR. SCHABORT. MR. BIZOS: Your Worship, sir, I do not want to do this with out Your Worship's leave but in view of what has just been put to the witness I would like to refer you, sir, to page 2, para graph 7 and page 3, paragrapgh 8 of the affidavit of Ruth Estelle Becker from which it appears, Your Worship, that infor mation was given to her on the 1st February 1982. BY THE COURT: I have read the documents Mr. Bizos. MR. BIZOS: Well Your Worship, may I put one question to the witness/.

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Page 1: Auret Denis van Heerden Yes. Now I say you will be giving

A u r e t Denis van H e e r d e n

Yes. Now I say you will be g i v i n g e v i d e n c e , you will be

g i v i n g e v i d e n c e for the St a t e ? --- That is c o r r e c t .

And I s u p p o s e th a t is also an e m b a r r a s s m e n t to you is it

not? --- That is c o r r e c t .

Now we w o uld s u b m i t to you w i t h o u t m o r e Mr. van H e e r d e n ,

th a t yo u r e v i d e n c e in t h e s e p r o c e e d i n g s is very l a r g e l y a sure

a t t e m p t to slur the South A F r i c a n P o l i c e and to o b t a i n in the

eyes of the world, of the p e o p l e t h a t you ca r e for, to r e h a b i l i

t a t e y o u r own name, an im a g e ? You are f r e e to c o m m e n t on t h a t

___ Well my c o m m e n t is s i m p l y t h a t my m o t i v a t i o n in c o m i n g to

this Court was not an e a s y one. You are p e r f e c t l y r i g h t Mr.

S c h a b o r t in sa y i n g th a t the last c o u p l e of y e a r s ha v e not been

e a s y - The c o n d u c t of t h e S outh A F r i c a n P o l i c e t o w a r d s me and

o t h e r d e t a i n e e s has not l i g h t e n e d t h a t load in any way. The

t h r e a t s th a t w e r e m a d e a g a i n s t me w e r e v e r y ve r y e x p l i c i t .

The v i c t i m i z a t i o n c o n t i n u e s still. It was not an e a s y t h i n g

to co m e to this Court. I w o u l d not c o m e here likely, I w o u l d

not p l a c e m y s e l f at th a t r i s k if I did not feel d u t y - b o u n d or

m o r a l l y b o und to say w h a t I said to this Court and if y o u feel

t h a t I am here s i m p l y to sl u r t h e S o u t h A f r i c a n P o l ice, all I

can say is t h a t the t r u t h is o f t e n an e m b a r r a s s i n g t h i n g .

Yes, t h a n k you, Your W o r s h i p .

NO F U R T H E R Q U E S T I O N S BY MR. S C H A B O R T .

MR. B I Z O S : Your W o r s h i p , sir, I do not w a n t to do th i s wi t h

out Your W o r s h i p ' s leave but in v i e w of w h a t has j u s t been put

to the w i t n e s s I w o u l d like to r e f e r you, sir, to pa g e 2, para

g r a p h 7 and pa g e 3, p a r a g r a p g h 8 of the a f f i d a v i t of Ruth

Es t e l l e B e c k e r f r o m w h i c h it a p p e a r s , Your W o r s h i p , t h a t i n for

m a t i o n was g i v e n to her on t h e 1st F e b r u a r y 1982.

B Y THE C O U R T : I ha v e read the d o c u m e n t s Mr. Bizos.

MR. BIZOS: Well Your W o r s h i p , m a y I put one q u e s t i o n to the

w i t n e s s / .

Page 2: Auret Denis van Heerden Yes. Now I say you will be giving

w i t n e s s b e c a u s e t h e r e is a s u g g e s t i o n sir, of r e c e n t f a b r i c a ­

tion ma d e to the w i t n e s s to tell an u n t r u t h , the f a c t t h a t he

said t h i n g s a bout Dr. A g g e t t on the 1st F e b r u a r y and my s u b ­

m i s s i o n sir, is a r e l e v a n t f a c t to his c r e d i b i l i t y and I w o u l d

ask Your W o r s h i p p e r m i s s i o n to put t h a t to him? That he was

c o n s i s t e n t with h i m s e l f , sir, f r o m t h e 1st F e b r u a r y a c c o r d i n g

to an a f f i d a v i t e x e c u t e d sir, on the 24th F e b r u a r y , sir.

BY THE C O U R T : Wh a t is t h e q u e s t i o n you w a n t to ask Mr.

Bi zos?

C R O S S - E X A M I N A T I O N BY MR. B I Z O S : This sir, t h a t Mr. van H e e r - 1 0

den it has been put to you t h a t you ha v e g i v e n e v i d e n c e in r e l a ­

ti o n to the c o n d i t i o n of Dr. A g g e t t for the m o t i v e s th a t have

been s u g g e s t e d , did you w h i l s t you w e r e in d e t e n t i o n r e p o r t it

to a n y o n e t h a t you had i n f o r m a t i o n a b o u t the m a n n e r in w h i c h

Dr. A g g e t t had been t r e a t e d ? — I did.

To w h o m ? --- To Ruth B e c k e r .

MR. B I Z O S : Thas it all I w a n t e d to ask wi t h Your W o r s h i p ' s

leave.

MR. B I Z O S : ( c o n t .) When did you do t hat, do y o u r e c a l l ? ---

Du r i n g a v i s i t w h i c h I r e c e i v e d f r o m her as I r e c a l l e d on t h e 20

1st F e b r u a r y .

Now t h e s e a l l e g a t i o n s t h a t w e r e m a d e a g a i n s t you of a

s e l l o u t or a p o l i c e spy, w i t h o u t g i v i n g His W o r s h i p any d e t a i l ,

was t h e r e any p e r s o n a l e l e m e n t i n v o l v e d by any p e r s o n w h o was

s a y i n g t h e s e t h i n g s a b o u t you Mr. van H e e r d e n ? --- I b e l i e v e

t h a t t h e r e was.

Yes. Now we ha v e i n f o r m a t i o n t h a t a l t h o u g h you to l d

A d v o c a t e S w a n e p o e l a b o u t the f a c t t h a t you had i n f o r m a t i o n

a b o u t the c i r c u m s t a n c e s r e l a t i n g to the c o n d i t i o n s of d e t e n t i o n

of Dr. A g g ett, t h a t you w e r e not p r e p a r e d to m a k e a s t a t e m e n t 30

w i t h o u legal a d v i c e and w h i l s t you we r e in d e t e n t i o n , is t h a t

i n f o r m a t i o n / . ...

Page 3: Auret Denis van Heerden Yes. Now I say you will be giving

dya'i.A u r e t Denis van H e e r d e n

i n f o r m a t i o n b e f o r e His W o r s h i p c o r r e c t ? --- That is c o r r e c t .

Now is t h e r e any p a r t i c u l a r r e a s o n why you a d o p t e d t h a t

a t t i t u d e w h i l s t you we r e in d e t e n t i o n ? — T h e r e is.

What is th a t r e a s o n ? --- T h r e a t s w e r e m a d e a g a i n s t me by

v a r i o u s m e m b e r s of the S e c u r i t y P o l ice, t h a t if I w e r e to

r eveal to A d v o c a t e S w a n e p o e l or the C ourt w h a t I k n e w a b o u t the

c i r c u m s t a n c e s s u r r o u n d i n g Ne i l ' s de a t h , I w o u l d h a v e to s u f f e r

s e v e r e c o n s e q u e n c e s .

Oh, who m a d e t h o s e t h r e a t s to yo u ? — S p e c i f i c a l l y on the

m o r n i n g b e f o r e I was i n t e r v i e w e d by A d v o c a t e S w a n e p o e l , M a j o r

C r o n w r i g h t , M a j o r Abrie, C A p t a i n S t r u w i g and L i e u t e n a n t P i t o u t .

Now the c o n v e r s a t i o n t h a t you had w i t h A d v o c a t e S w a n e p o e l

you told His W o r s h i p was in Mr. S w a n e p o e l ' s c h a m b e r s in the

S u p r e m e C o u r t b u i l d i n g ? — That is c o r r e c t .

W h e r e t h e r e any S e c u r i t y O f f i c e r s p r e s e n t w h i l s t you w e r e

t a l k i n g to A d v o c a t e S w a n e p o e l ? --- No, t h e r e w e r e not.

Did you h a v e any r e a s o n to b e l i e v e t h a t w h a t you m a y ha v e

told A d v o c a t e S w a n e p o e l m a y go ba c k to t h e S E c u r i t y P o l i c e ? ---

I did.

W h a t r e a s o n did you h a v e f o r t h a t b e l i e f ? --- A f t e r I had

t h r e a t e n e d by the m e m b e r s of t h e S e c u r i t y Police, I was t a k e n

into a g e n e r a l o f f i c e w h i l e t w o m e m b e r s of t h e CID w e r e

s u m m o n s e d or b r o u g h t up to t a k e me to A d v o c a t e S w a n e p o e l ' s

c h a m b e r s , and one of-.the m e m b e r s of t h e S e c u r i t y P o l i c e , a

S e r g e a n t van A s w e g e n , w a r n e d me t h a t I s h o u l d not t h i n k ! t h a t

I c o u l d tell A d v o c a t e S w a n e p o e l t h i n g s and get aw a y w i t h it

b e c a u s e the c o n v e r s t i o n w o u l d be t a p e d .

We kn o w f r o m t h e i n f o r m a t i o n p l a c e d b e f o r e His W o r s h i p

t h a t t h a t c o n v e r s a t i o n was in f a c t t a p e d and t h a t t h e t a p e

r e c o r d i n g was h a n d e d o v e r to M a j o r C r o n w r i g h t . Did you k n o w

t h a t ? --- I did not know t h a t the t a p e r e c o r d i n g had been

h a n d e d / . . .

Page 4: Auret Denis van Heerden Yes. Now I say you will be giving

A u r e t Denis van H e e r d e n

h a n d e d to M a j o r C r o n w r i g h t but I did not k n o w f r o m the c o n f r o n t a ­

tion we had when I r e t u r n e d to John V o r s t e r S q u are, t h a t he was

f u l l y i n f o r m e d of the d e t a i l s of our c o n v e r s a t i o n .

W h a t was the c o n f r o n t a t i o n wh e n you r e t u r n e d f r o m A d v o c a t e

S w a n e p o e l ? --- He was a n g r y th a t I had t o l d A d v o c a t e S w a n e p o e l

w h a t I k n e w a b out Ne i l ' s c o n d i t i o n and a b o u t the f a c t t h a t I

had m e n t i o n e d the e x i s t e n c e of my p r e v i o u s s t a t e m e n t .

Could you g i v e us some d e t a i l s as to w h e t h e r M a j o r C r o n ­

w r i g h t was a l o n e and when it was and the c i r c u m s t a n c e s u n d e r

w h i c h this c o n v e r s a t i o n t o o k p l a c e b e t w e e n you and M a j o r C r o n - 10

w r i g h t ? — It was in his o f f i c e and to t h e be s t of my r e ­

c o l l e c t i o n S e r g e a n t van A s w e g e n was in the o f f i c e at the same

time.f

S e r g e a n t van A s w e g e n , wh6n he told you th a t it w o u l d be

r e c o r d e d , was it a w a r n i n g or f r i e n d l y a d v i c e or c o u l d you not

m a k e up yo u r m i n d w h i c h of the t w o ? It was a c o m b i n a t i o n

but it was - t h e r e was a d i s t i n c t u n d e r t o n e of w a r n i n g , an

e l e m e n t of w a r n i n g .

Now you to l d His W o r s h i p t h a t Dr. A g g e t t had t o l d you t h a t

the p e o p l e u p s t a i r s , m e a n i n g the S e c u r i t y P o l i c e on t h e 10th 20

f l o o r p r e s u m a b l y , k n e w t h a t you we r e c o m m u n i c a t i n g w i t h him,

Dr. A g g e t t ? --- T h a t is c o r r e c t .

Was t h a t m a t t e r e v e r r a i s e d w i t h y o u ? — It was on t h a t

M o n d a y in f a c t b e f o r e I had s p o k e n to Dr. A g g e t t , L i e t u e n a n t

P i t o u t m a d e some n u m e r o u s r e f e r e n c e s to c o n t a c t b e t w e e n d e ­

t a i n e e s but I was d i r e c t l y a s ked a b o u t it at lunch on t h a t day

wh e n S e r g e a n t H e r b e r t c o n f r o n t e d me and a s k e d me w h a t I had

been s a y i n g to Neil, and a few da y s later, p r o b a b l y on t h e

T u e s d a y or W e d n e s d a y of t h a t w e e k but b e f o r e Neil day, M a j o r

C r o n w r i g h t c a m e into the o f f i c e w h e r e I was s t u d y i n g and said 30

t h a t he was well a w a r e t h a t I had been s p e a k i n g to Neil and

t h a t / ....

Page 5: Auret Denis van Heerden Yes. Now I say you will be giving

A u r e t D enis van H e e r d e n

t h a t in fa c t was a w are of the d e t a i l s of our c o n v e r s a t i o n b e ­

c a u s e th e y had b u g g e d the o f f i c e s and he a sked - .

The o f f i c e s ? — Sorry, b u g g e d the cells. And he a s k e d

me if I was so s t u p i d as to b e l i e v e t h a t the S e c u r i t y P o l i c e

w o u l d not t a k e such a b a s i c p r e c a u t i o n as to bug the ce l l s .

Did you b e l i e v e that the c e l l s had in fa c t been b u g g e d as

you say? --- No, I f e l t t h a t if t h e y we r e g e n u i n e l y b u g g e d ,

M a j o r C r o n w r i g h t w o u l d not ha v e to l d me.

I see and did you c o n t i n u e wi t h y o u r c o m m u n i c a t i o n in t h e

m a n n e r in w h i c h you h a v e t o l d His W o r s h i p ? — That is c o r r e c t .

W h i l s t we are on this q u e s t i o n of c o m m u n i c a t i o n Mr. van

H e e r d e n , a l t h o u g h it was not put to you t h a t t h e r e was no

c o m m u n i c a t i o n b e t w e e n Dr. A g g e t t and y o u r s e l f , I w o u l d j u s t

like you to p l e a s e e x p l a i n for His W o r s h i p and the l e a r n e d

a s s e s s o r s ' b e n e f i t , w h e t h e r you f e l t f r e e to c o m m u n i c a t e or

w h e t h e r you f e l t t h a t you had to be g u a r d e d a b o u t it? — No,

we w e r e a l w a y s g u a r d e d a b o u t it, if we h e a r d s o m e o n e c o m i n g

do w n the p a s s a g e or if the g u a r d in the i m m e d i a t e v i c i n i t y , we

w o u l d not speak.

C o uld you p l e a s e tell His W o r s h i p , w h a t p r o c e d u r e was

a d o p t e d in d i s h i n g out t h e food w h i c h m a d e it p o s s i b l e f o r y o u

to s t a n d at y o u r cell d o o r and s p e a k to Dr. A g g e t t a c r o s s the

p a s s a g e ? — Yes, wh e n t h e m e a l s come, t h e r e is n o r m a l l y o n l y

one g u a r d on d u t y but o c c a s i o n a l l y t w o g u a r d s and he w o u l d

n o r m a l l y open all of the cell d o o r s , so he w o u l d w a l k do w n t h e

p a s s a g e o p e n i n g all the cells. He w o u l d t h e n go ba c k and

c o l l e c t the large t r a y in w h i c h t h e f o o d c o m e s and he w o u l d

e i t h e r drag t h a t a l o n g t h e g r o u n d or p l a c e it on a c h a i r and

p u s h the c h a i r and g i v e f o o d to all of t h e d e t a i n e e s and w h e n

he had c o m p l e t e d t h a t he w o u l d go ba c k and lock all of the

c e l l s again .

Page 6: Auret Denis van Heerden Yes. Now I say you will be giving

' * A u r e t Denis van H e e r d e n

I see and when you say he w o u l d open all the c e l l s and then

drag this c h a i r along wi t h the t r a y - the large t r a y on, t h e r e

is no t r o l l e y is t h e r e ? — No.

W o u l d he open both d o o r s or just one d o o r ? --- No, he only

had a key f o r the o u t e r solid door, the g u a r d on d u t y did not

have a key for the inner door.

I see, so the o u t e r d o o r w o u l d be o p e n e d , the g r ill w o u l d

be l o c k e d ? --- That is c o r r e c t .

But you w o u l d be able to see each o t h e r and t a l k to ea c h

o t h e r t h r o u g h the g r i l l e d d o o r ? — Tha t is c o r r e c t . 10

Wh a t is the w i d t h of this p a s s a g e m o r e or less? — It is

d i f f i c u l t to e s t i m a t e but it is not a p a r t i c u l a r l y w i d e p a s s a g e ,

I w o u l d say Neil w o u l d ha v e been a b o u t w h e r e the A d v o c a t e

S c h a b o r t is s i t t i n g .

A b o u t t h r e e p a c e s ? — S o m e t h i n g like that.

T h r e e or f o u r p a c e s ?

BY THE C O U R T : Long p a c e s ? --- Well I will s e t t l e for f o u r

paces.

I t h i n g t h r e e to f o ur. — Th a t is t a k i n g into a c c o u n t the

g r ill as well w h i c h is i nset a l i t t l e bit. 20

MR. B I Z O S : ( c o n t .) The g rill w h i c h is inset a bit, yes v e r y

well, yes t h a n k you. Now in v i e w of w h a t you had been t o l d

a b o u t the c e l l s b e i n g b u g g e d and the o t h e r e x p e r i e n c e and p l e a s e

Mr. van H e e r d e n I kn o w how s t r o n g l y you m a y feel a b o u t y o u r own

t r e a t m e n t but in v i e w of His W o r s h i p ' s r u l i n g p l e a s e try to

g i v e y o u r e v i d e n c e w i t h o u t r e f e r e n c e to it, h o w e v e r g r e a t a

t e m p t a t i o n b e c a u s e of a s t e n g t h of f e e l i n g w h i c h I u n d e r s t a n d ,

try to g i v e y o u r a n s w e r s w i t h o u t r e f e r e n c e to y o u r p r e v i o u s

to y o u r own t r e a t m e n t but a b o u t t h e f a c t t h a t you had been t o l d

t h a t the cell was b e i n g b u g g e d and t h a t t h e y k n e w a b o u t it, and 30

g e n e r a l l y of y o u r c o n d i t i o n s of d e t e n t i o n , how did you feel

a b o u t /....

Page 7: Auret Denis van Heerden Yes. Now I say you will be giving

2785 .

a b o u t i n t e r v e n i n g on b e h a l f of a n o t h e r d e t a i n e e ? --- I was

f r i g h t e n e d to.

Is the sort of i n t e r f e r e n c e w e l c o m e d or e n c o u r a g e d by the

S e c u r i t y P o l i c e d u r i n g y o u r d e t e n t i o n ? — Not at all.

Now I t h i n k t h a t you have t o l d us t h a t wh e n S e r g e a n t

A g g e n b a c h came, you w e r e a c t u a l l y s l e e p i n g ? — Tha t is c o r r e c t .

Do you r e m e m b e r w h e t h e r you w e r e q u i t e a w a k e w h e n you g a v e

him t h e e q u i v a l e n t of the t h u m b s - u p s i g n ? --- No, I was still

p a r t i a l l y a s l e e p and he i m m e d i a t e l y c l o s e d the d o o r and m o v e d

o n .

It was put to you by my l e a r n e d f r i e n d t h a t you had

e s t a b l i s h e d a r e l a x e d a s s o c i a t i o n wi t h the p o l i c e , you w e r e

t a k e n s w i m m i n g , you w e r e t a k e n j o g g i n g and you f e a r e d a c h a n g e

in yo u r p o s i t i o n ? W h a t did you f e a r t h a t it may c h a n g e to?

— I m m e d i a t e l y t h a t my p r i v i l e g e s w o u l d be w i t h d r a w n but I had

the e x p l i c i t t h r e a t h a n g i n g o v e r my he a d for m o s t of my d e t e n ­

tion, t h a t o t h e r d e t a i n e e s had i n c r i m i n a t e d me and t h a t s h o u l d

my a t t i t u d e to the S e c u r i t y P o l i c e be an a n t a g o n i s t i c one, t h a t

my i n t e r r o g a t i o n w o u l d r e s t a r t and the p o s s i b l e d i s c r e p a n c i e s

c 1 e a r e d up; .

I see and had you sort of m a d e a b a r g a i n w i t h y o u r s e l f t o - ?

— I had, yes.

Is t h e r e any s p e c i a l r e a s o n w i t h o u t g i v i n g us any d e t a i l s

— was t h e r e any s p e c i a l r e a s o n why you w e r e g e t t i n g so m u c h

e x e r c i s e , s w i m m i n g and j o g g i n g and e v e r y t h i n g e l s e ? Was t h e r e

any s p e cial r e a s o n for it? — I t h i n k t h e r e w e r e two, t h e one

was a fa c t t h a t at a c e r t a i n s t a g e I c o u l d not w a l k p r o p e r l y

and C a p t a i n V i s s e r a s s u r e d me t h a t w h e n I was t r a n s f e r r e d ba c k

to John V o r s t e r Squa r e , he w o u l d t a k e me to the gym and g i v e me

e x e r c i s e s w h i c h w o u l d h a s t e n my r e c u p e r a t i o n . The o t h e r was

t h a t for a large p e r i o d of the t i m e p r i v i l e g e s w e r e c o n t i n g e n t ,

t h e / . . .

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278b .A u r e t D e n i s van H e e r d e n

the s t udy p r i v i l e g e s and the j o g g i n g and the gym w e r e c o n t i n ­

g e n t on L i e u t e n a n t P i t o u t in the p e r i o d s when he was away on

leave or an O f f i c e r ' s c o u r s e , t h o s e p r i v i l e g e s fell away.

Now this a t t a m p t at k e e p i n g a d i a r y on the o n l y p a p e r

a v a i l a b l e to you f r o m the 3rd to the 5th day of y o u r d e t e n t i o n

- had it been h a n d e d to Your W o r s h i p , sir?

BY THE COURT: Not yet, Mr. Bizos.

MR. S C H A B O R T : It is an a d m i s s i o n on my part, sir, if we c o u l d

m a k e t h a t an e x h i b i t and hand it up to you, sir?:

BY THE COURT: Mr. de Vries.

MR. DE VRIES: The n u m b e r t h e r e o f w o u l d h a v e to be JJJ 1 ,

Your W o r s h i p .

MR. BIZOS: Have you h a n d e d it to t h e C o u r t ? Has the

C o u r t got one now? Has t h e C o u r t still not got one? Can we

not ha v e a n o t h e r one for t h e a s s e s s o r ? .

MR. B I Z O S :(c o n t .) Now you say he r e on the t h i r d day of y o u r

d e t e n t i o n , " i n t e r r o g a t e d f o r t w e l v e ho u r s , 7 to 12, n o t h i n g

h e a v y but it w o u l d t a k e a long t i m e to c o n v i n c e t h e m , m a y h a v e

to go to C o u r t to do it." W h a t did you m e a n by t h a t Mr. van

H e e r d e n ? ___ I was b e i n g c o n f r o n t e d w i t h t h e a l l e g a t i o n t h a t I 20

was a m e m b e r of t h e ANC. I c o n t i n u e d to a s s e r t t h a t I had n e v e r

j o i n e d the ANC or w o r k e d for the ANC but my i n t e r r o g a t o r s

s i m p l y w o u l d not b e l i e v e me, and I even w e n t so f a r as to b e ­

lieve t h a t - or to f e a r t h a t I m a y at so m e s t a g e be c h a r g e d but

t h a t I w o u l d be ab l e to e s t a b l i s h my i n n o c e n c e in a C o u r t of

L a w .

Yes and w i t h o u t w i s h i n g to g i v e t o o m u c h d e t a i l but as

t h e r e w e r e - I p r e s u m e t h a t the t h i n g was put to you on the

b asis t h a t you s h o u l d h a v e f e e l i n g s of g u i l t , did a n y o n e

a c t u a l l y try to r e c r u i t you into the ANC Mr. van H e e r d e n ? 31

An a t t e m p t was m a d e at one stage.

By / . . . .

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A u r e t Denis van H e e r d e n

By w h o m ? --- By - one a t t e m p t was m a d e by M a j o r C r aig

Willi a m s o n .

T h a n k you, t h a t is e n o u g h . Did the p o l i c e k n o w t h a t ? ■—

I i n f o r m e d t h e m of that, yes.

Did you r e j e c t the s u g g e s t i o n ? — I did, yes.

T h a n k you. M a j o r W i l l i a m s o n at t h a t s t a g e was not k n o w n

as M a j o r W i l l i a m s o n to y o u ? — No, yes t h a t is c o r r e c t .

He p u r p o r t e d to r e p r e s e n t the A f r i c a n N a t i o n a l C o n g r e s s ?

— That is c o r r e c t .

Now t h e n you say - the p o r t i o n t h a t was read out to you, 10

"I am w o r r i e d t h a t the o t h e r s m a y be a d m i t t i n g too m u c h t o o

soon, t i m e will t e l l . " W h a t did you m e a n by t h a t ? — I

f e a r e d t h a t t h e y h a v e g i v e n the d e t e n t i o n of a n u m b e r of p e o p l e

s even or e i g h t or nine, t h a t p e o p l e w o u l d be p l a y e d off a g a i n s t

off each o t h e r and t h a t p a r t i c u l a r l y p e o p l e w h o h a v e a t e n d e n c y

to try and e s t a b l i s h t h e i r own i n n o c e n c e and p o s s i b l y p r o j e c t

t h i n g s on t o o t h e r p e o p l e , and I saw it an u n f o r t u n a t e s i t u a t i o n

d e v e l o p i n g or I f e a r e d t h a t such a s i t u a t i o n w o u l d d e v e l o p .

Did you int e n d by t h e use of t h e s e w o r d s "I am w o r r i e d

t h a t o t h e r s may be a d m i t t i n g too m u c h t o o s o o n , " did you f e a r 20

t h a t you y o u r s e l f m a y be c o r r e c t l y i n v o l v e d by a n y b o d y ? ---

No, I did not.

Then on t h e f i f t h d a y you say; "Most of t h e d i s c u s s i o n s

seem to p o i n t to my i n n o c e n c e . " --- Th a t is c o r r e c t .

Yes, was t h a t y o u r f r a m e of m i n d and is t h a t how y o u f a c e d

y o u r d e t e n t i o n ? — Tha t is c o r r e c t .

Now you w e r e a s k e d a n u m b e r of q u e s t i o n s in r e l a t i o n to

the c o n d i t i o n of Dr. A g g e t t on the 4th F e b r u a r y and we k n o w

t h a t the - Dr. A g g e t t m a d e a s t a t e m e n t to S e r g e a n t B 1om on

th a t day, t h a t is the d a y on w h i c h you d e s c r i b e d him to h a v i n g 30

been r e d u c e d to a bad state, you used t h e w o r d t h a t he had beer,

a k i n / . ..

Page 10: Auret Denis van Heerden Yes. Now I say you will be giving

akin a Z o m b i e ? — Tha t is c o r r e c t .

You w e r e also a s ked w h e t h e r you c o u l d t h i n k of any r e a s o n

why the d e s c r i p t i o n t h a t he g a v e of the a s s a u l t s in the s t a t e ­

m e n t m a d e on the 4th, d i f f e r e d in some of the d e t a i l , we will

say th a t t h e r e are no c o n t r a d i c t i o n s but t h a t y o u r a t t e n t i o n

was d r a w n t h a t some t h i n g s w e r e said t h e r e w h i c h you did not

say, f r o m w h a t you saw of DR. A g g e t t on the 4th F e b r u a r y , w o u l d

you say t h a t he was to use a l e g a l i s t i c e x p r e s s i o n , "in his

s o und and s o b e r s e n s e s ? " --- No, I w o u l d not.

I w a n t to deal wi t h t h e q u e s t i o n of the m e a l s and a m e a l

book, and I w a n t to d r a w y o u r a t t e n t i o n to p a g e s 53, w h e r e it

is s h own in this cell r e g i s t e r , t h a t is s u p p o s e to c o r r e c t l y

r e c o r d w h a t h a p p e n e s to d e t a i n e e s , t h a t Dr. A g g e t t had t h r e e

m e a l s p r o v i d e d to him b e t w e e n the 28th and the 3 1 s t w h e n we

know t h a t he was on - t h r e e m e a l s on ea c h day, w h e n we k n o w

th a t he was on the 10th f l o o r . Now c o u l d you p l e a s e ju s t

have a look at t h e s e p a g e s and try and e x p l a i n if you can how

t h e s e t h i n g s w e r e f i l l e d in and w h e t h e r t h e y ha v e any r e l a t i o n

to r e a l i t y . Look at the b o t t o m t h e r e . Now do y o u r e c o g n i s e

th a t book, who w r i t e s t h a t up? --- It is w r i t t e n up p a r t l y by

t h e d e t a i n e e and p a r t l y by W a r r a n t O f f i c e r Me P h e r s o n .

Now t h o s e m e a l s the f a c t t h a t Dr. A g g e t t had t h r e e m e a l s

s u p p l i e d to him on the 28th - f r o m the 29 t h to t h e 31st, t h r e e

m e a l s e v e r y day but t h a t he did not h a v e his e x e r c i s e s , how

c o uld th a t ha v e been w r i t t e n t h e r e ? Do you k n o w ? --- W h a t

Neil w o u l d h a v e f i l l e d t h e s e in - .

S p e a k into the m i c r o p h o n e , look t o w a r d s His W o r s h i p p l e a s e .

— As I e x p l a i n e d e a r l i e r t h a t ymi w o u l d sign th i s b o o k f o r

e x a m p l e on a M o n d a y for t h e S a t e r d a y and the S u n d a y b e c a u s e on

the w e e k e n d W a r r a n t O f f i c e r Me P h e r s o n was g e n e r a l l y not on

and this book r e m a i n e d in his o f f i c e and so he w o u l d ask y o u on

M o n d a y / ....

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2789 .Auret Denis van Heerden

Monday in fact to sign for Friday, S a t u r d a y and Sunday. So what

you would n o r m a l l y do is just w r i t e down in each column that you

had re c e i v e d three meals, that you had t h ree showers or w h a t e v e r

the case may b e .

And it was done as a m a t t e r of c o u r s e in that way? --- It

was a forma 1 i t y , y e s .

Now would you ple a s e have alook at page 169 and 170, that

is the meal book proper. No, the o t her way, f u r t h e r on, page

169 to 170. Now could you have a look when is the last e n t r y

on page 169, on what - ? --- It is the 27th January. 10

The 27th J a n uary and would you look at the next page, when

is the next - ? — On the 2nd February.

Who used to w r i t e in the fact that t h e s e meals were t a k e n ?

— I f you in fact r e c e i v e d a meal, you w r o t e it in. If the

meal was brou g h t to you, for e x a m p l e if you were on the 10th

f l oor and the p o l i c e m a n was given an i n s t r u c t i o n to send your

meal up there, he then w r o t e in the book that he had sent the

meal to the 10th floor.

Yes but t h ere is no entry t h e r e b e t ween the 28th and the

31st? — That is correct. 20

And the 31st would have been the S u n day? — That is

c o r r e c t .

Now t o w a r d s the end of January, did you see Dr. Aggett

every day or not? --- There was the o c c a s i o n w here - or t h e r e

may be an o c c a s i o n w h ere the S e c u r i t y - sorry, the g u ard who

brought the food in fact opened yo u r door, gave you the food

and locked the door again i m m e d i a t e l y and then went across the

pa s sage to give s o m e o n e else food. So t here were days when we

did not see each other.

Yes and would you be able to say w h ich t hose days were or 30

w h e t h e r there were one or two days in the last week or the last

ten / ... .

Page 12: Auret Denis van Heerden Yes. Now I say you will be giving

ten days of J a n u a r y t h a t you did not see h i m ? --- I c a n n o t

s p e c i f y .

A f t e r you had e s t a b l i s h e d th i s r e l a x e d r e l a t i o n s h i p t h a t

t h e r e was b e t w e e n you and t h e p o l i c e , if you c o m p l a i n e d of any

pain to y o u r ribs or y o u r c h e s t or y o u r s t o m a c h or a n y o n e else,

w e r e you t a k e n to t h e d o c t o r f a i r l y w i t h a l a c r i t y ? --- U n d e r

n o r m a l c i r c u m s t a n c e s , yes.

Y e s . — I w a s .

You w e r e and I see in f a i r n e s s to Dr. J a c o b s o n you say

t h a t he is a kind man, r i q h t f r o m y o u r f i r s t c o n t a c t w i t h him,

yes. You say t h a t Dr. A g g e t t was p r e p a r i n g h i m s e l f or was

h o p i n g to w r i t e and e x a m i n a t i o n in M a r c h , had he d i s c u s s e d t h i s

w i t h y o u ? — He did.

Do you r e m e m b e r w h e t h e r it was g o i n g to be w r i t t e n in

M a r c h or so m e o t h e r m o n t h ? --- I s e e m to r e c a l l M a r c h .

You s e e m to r e c a l l M a r c h ? Did he h o p e to m a k e it, to be

f r e e by t h e n to w r i t e t h i s e x a m i n a t i o n ? --- He did.

Did he i n d i c a t e to y o u at w h i c h U n i v e r s i t y or o t h e r p l a c e

he h o p e d to w r i t e t h i s e x a m i n a t i o n ? --- No, he d i d not.

We are i n f o r m e d t h a t if he did m e n t i o n any e x a m i n a t i o n

t h a t it w o u l d h a v e be e n an e x a m i n a t i o n w r i t t e n , a p r i m a r y

e x a m i n a t i o n w r i t t e n in A p r i l at t h e U n i v e r s i t y of C a p e T o w n .

Do you k n o w a n y t h i n g a b o u t t h a t ? --- I do not.

Yo u r r e c o l l e c t i o n is t h a t he s p o k e of M a r c h ? — T h a t is

right.

Did it e v e r c o m e to y o u r n o t i c e w h e t h e r or not t h e r e was

any i n s t r u c t i o n by a n y b o d y to a n y b o d y e l s e a b o u t Dr. A g g e t t s

m e d i c a l t r e a t m e n t d u r i n g J a n u a r y ? --- Neil t o l d me t h a t w h e n

he was c o m p l a i n i n g to W a r r a n t O f f i c e r Me P h e r s o n a b o u t his

i n j u r y and r e q u e s t i n g to see t h e d o c t o r , t h a t W a r r a n t O f f i c e r

Me P h e r s o n ke p t g i v i n g e x c u s e s s a y i n g t h a t t h e y w o u l d t r y and

t a k e / ... .

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A u r e t D e n i s van H e e r d e n

t a k e him but th a t t h e y coulci not do it at t h a t s t a g e but on one

e v e n i n g wh e n he was b e i n g b r o u g h t b a c k f r o m t h e 10th and was

b e i n g b o o k e d b a c k into t h e c e l l s , t h e S e c u r i t y P o l i c e m a n w h o

e s c o r t e d him down, h a n d e d a l e t t e r to t h e p o l i c e m a n on d u t y at

th e d e s k w h i c h was a p p a r e n t l y a d d r e s s e d to t h e C a p t a i n in

c h a r g e of the c e l l s and w h i c h Neil b e l i e v e d was an i n s t r u c t i o n

to the C a p t a i n to t h e e f f e c t t h a t he s h o u l d not be a l l o w e d

a c c e s s to a d o c t o r .

Now we k n o w t h e s e c o m p l a i n t s of pa i n a p p e a r on p a g e 51,

52 and 53 of t h e r e c o r d b e f o r e His W o r s h i p , f r o m t h e 4th to 8th,

now can vou p l e a s e - if you can tell us w h e t h e r y o u can r e l a t e

th e i n c i d e n t t h a t you h a v e j u s t d e s c r i b e d to us w i t h t h e d a t e s

and thy c o m p l a i n t s of Dr. A g g e t t of pain d u r i n g t h o s e d a y s ,

w h e t h e r it was b e f o r e or a f t e r or at a b o u t t h e s a m e t i m e or if

you c a n n o t say so p l e a s e say so? --- It was at t h e s a m e t i m e .

I w a n t to deal w i t h t h i s " d y n a m i c s " r e l a t i n g to t h e i n ­

t e r r o g a t i o n and in r e l a t i o n to it I w o u l d like y o u to p l e a s e

g i v e His W o r s h i p and t h e l e a r n e d a s s e s s o r so m e i n d i c a t i o n of

Dr. A g g e t t ' s p e r s o n a l i t y . W h a t can you tell us a b o u t Dr.

A g g e t t ' s a t t i t u d e to his i n t e r r o g a t o r s ? Was he p r e p a r e d to

f l a t t e r t h e m or to p l a y a l o n g w i t h t h e m , was he t h a t sort of a

p e r s o n ? --- Neil and I b o t h b e l i e v e d t h a t one s h o u l d h a v e a

c o r d i a l a t t i t u d e or r e l a t i o n s h i p w i t h y o u r i n t e r r o g a t o r and

t h a t w h e r e p o s s i b l e one s h o u l d not a n t a g o n i z e t h e m on p e r s o n a l

g r o u n d s , so th a t o n e s h o u l d not be a r r o g a n t or c o n d e s c e n d i n g

t o w a r d s y o u r i n t e r r o g a t o r .

Did you d i s c u s s t h a t w i t h hi m ? — We did, yes.

Did you a g r e e t h a t t h i s was the w a y in w h i c h to deal w i t h

it? — We did, y e s .

From w h a t you k n e w of Dr. A g g e t t how w o u l d he r e a c t if he

was p e r s i s t e n t l y a c c u s e d of b e i n g u n t r u t h f u l ? — I t h i n k t h a t

Page 14: Auret Denis van Heerden Yes. Now I say you will be giving

A u r e t D e n i s van H e e r d e n

he w o u l d t r y and p e r s u a d e his i n t e r r o g a t o r s t h a t t h a t was an

i n c o r r e c t i m p r e s s i o n .

Now the c o n t e n t i o n of L i e u t e n a n t W h i t e h e a d and o t h e r s w h o

h a v e g i v e n e v i d e n c e b e f o r e His W o r s h i p , is t h a t Dr. A g g e t t h i m ­

self c o n s e n t e d if he did not i n s i g h t his i n t e r r o g a t o r s to t a k e

him for t h i s long s e s s i o n of s i x t y - t w o h o u r s to t h e 10th f l o o r

of John V o r s t e r S q u a r e . Now I do not w a n t y o u to e x p r e s s an

o p i n i o n , I w o u l d like you to tell His W o r s h i p w h a t f a c t s y o u

h a v e in r e l a t i o n to Dr. A g g e t t ' s s t a t e of m i n d p r i o r to t h e

28 t h a b o u t b e i n g t a k e n f o r i n t e r r o g a t i o n f o r l e n g t h y p e r i o d s ?

— Dr. A g g e t t was v e r y a p p r e h e n s i v e a b o u t t h a t . He had on a

n u m b e r of o c c a s i o n s a f t e r t h e a s s a u l t on t h e 4th J a n u a r y , be e n

t h r e a t e n e d t h a t if his s t a t e m e n t did not c o m e up to t h e e x p e c t a ­

t i o n s of his i n t e r r o g a t o r s , t h e y w o u l d b e g i n m o r e i n t e n s i v e

i n t e r r o g a t i o n and at one s t a g e Neil t o l d me t h a t L i e u t e n a n t

W h i t e h e a d had s p e c i f i c a l l y m e n t i o n e d to him t h a t he w o u l d f e t c h

him at n i g h t and t a k e him out and g i v e h i m a r o u g h t i m e .

W h a t was his r e a c t i o n a b o u t b e i n g in his i n t e r r o g a t o r s -

a p o s s i b i l i t y of b e i n g in his i n t e r r o g a t o r s p r e s e n c e d u r i n g t h e

n i g h t or n i g h t s ? — Fear.

Did you e v e r d i s c u s s t h e c i r c u m s t a n c e s of Dr. A g g e t t ' s

c o n d i t i o n w i t h Mr. Nee l s van d e r M e r w e ? — I did.

Now w h o is Mr. N e e l s van der M e r w e ? --- He is a l s o a

R a i l w a y ' s p o l i c e m a n w h o was s e c o n d e d to t h i s i n v e s t i g a t i o n , he

is a c o l l e a g u e of S c h a l k van der M e r w e - s o r r y , S c h a l k van

S c h a l k w y k and he is a c o m m i t t e d C h r i s t i a n w h o on a n u m b e r of

o c c a s i o n s t o o k t h e o p p o r t u n i t y to s p e a k to m y s e l f and o t h e r

d e t a i n e e s and to try and o f f e r t h e m so m e s p i r i t u a l or m o r a l

s u s t e n a n c e , and in t h e w e e k a f t e r N e i l ' s d e a t h he t o l d me t h a t

on the T h u r s d a y b e f o r e Neil die d , he had g o n e into t h e o f f i c e

w h e r e Neil was w r i t i n g his s t a t e m e n t and had a t t e m p t e d to s p e a k

t o / ... .

Page 15: Auret Denis van Heerden Yes. Now I say you will be giving

Auret Denis van Heer d e n

to Neil but that as he a d d r e s s e d Neil, Neil's bottom lip began

to qu i v e r and that he could see that Neil was on the verge of

tears, and so he t h o u g h t it be t t e r - he t h o u g h t be t t e r of t a l k ­

ing to him.

When did he tell you that? --- In the week after Neil had

died.

You told us that Dr. Aggett had signed an indexed his

s t a t e m e n t in the first part of January, did he ever tell you

or o t h e r w i s e i ndicate to you as to w h e t h e r he at t a c h e d any

s i g n i f i c a n c e to this act of signing and index i n g ? --- He felt

that his i n v e s t i g a t i o n was d r a w i n g to a c l ose and that he was

hopeful that he would be released.

Page 16: Auret Denis van Heerden Yes. Now I say you will be giving

f l l lPFT FIFNIS VAN H F . E R D E N SWORN, STATES -

CV AM IN ATI ON BY ADV. B I Z O S : (C O N T , ) I w o u l d like to show

you a plan of the Tenth Floor, with which y ou are a p p a r e n t ­

ly familiar. whioh is Mr. Pitout's office? — 1015.

Do you kno w Mr. Mogoro's office? where is it?

Lt. Mogoro's office, do you know w h ic h one that is?

It is diagonally across the passage from Lt. Pitout's

office. It is 1012.

And who is the office 1011 us ed by? It is a

general office which has three desks and a bench in it, 1'

and it is used by members - by some of the Black Staff,

when they need access to a desk. Often when detainees

were being taken to the doctor or something, they might

be placed in that office while they are waiting.

Were you ever accused by anyone of smuggling a

note out whilst you were in detention? - Yes, one

morning whe n I was taken u pstairs to the 10th Floor, I was

called into M a j . Cronwright's office, and Maj. Cronwright

accused me - he asked me if I had heard the news that

morning on the radio, and I said that I had. A n d he said, 2

he accused me of having written and smuggled a note to

Mrs. Suzman concerning an assault on Meil. And he said

that I was the only person who could have w r i tt en that

note, because I was in the office opposite where Neil had

been. I then pointed out to h i m that the office in w hi ch I

was h ad painted windows, and that I w o u ld ni t have been able

to see across the passage, because of the painted windows.

And that it therefore could not have be en me who h ad writ-

ten that n o t e .

Did you,.during the course of your discussions

with Dr. Aggett, did you ever try to encourage him, or to /..

Page 17: Auret Denis van Heerden Yes. Now I say you will be giving

2795-

lift his spirits in any way? I did.

Now, Your Worship, I am sure, Sir, that as Your

Worship allowed me to cross-examine the wi tnesses - I do

not want to read it out, but merely to refer Your Worship

please put your affidavit away, Mr.. --- I don't have it.

You don't have it. Paragraph 25, the last se n­

tence on that page, Sir, and the last couple of sentences

on Page 12. Your Worship allowed me to cross-examine on

t h i s , but I think it was introduced ...

BY THE COURT: Are you referring to a statement?

ADV. BIZOS: To the witness's statement, Your Worship.

BY THE C O U R T ; Paragraph 25?

ADV. BIZOS: Your Worship it is indicated that we must

stop at Paragraph 24. But I want to draw Your Wo rship's

attention, Sir, to the fourth line from the bottom, in

Paragraph 25, of Page 1 1 .

BY THE C O U R T : Of Page 11? You may, Mr. Bizos.

A DV. B I Z O S : Thank you, Your Worship.

T.XAMIHATION bY ADV. H I Z O S : (Cont-.)In this rela x ed atmosphere

that you had managed to get into with the security police,

were you ever offered any beer? I was, yes.

When was that? --- There were two occasions. The

one was on Christmas Eve.

Yes, stay there with that please. W ou ld you

please tell us where this was on Christmas Eve? — It was

in M a j . Cronwright's office. ______ _______

Yes? And what happened in M a j . Cronwright s

office? --- I had been typing my statement, and M a j .

Cronwright came in at around 12, and said that I should

stop typing and come to his office, because he w a nted to

i n t r o d u c e / ...

Page 18: Auret Denis van Heerden Yes. Now I say you will be giving

2796 .

introduce me to Adv. Swanepoel, who at that stage had an

office - was working in an office on the 10th Floor. And

we sat down in Maj. Cronwright's office, and Adv. Swanepoel

began speaking to me, and Maj. Cronwright sent Const.

Richards for - to get some beer, which he then brought.

Well, I want you to leave out the co nversations

with Adv. Swanepoel, because he is an Advocate, and a

potential witness, we don't want to hear anything about

that. But did you hear any conversation bet we en Maj.

Cronwright, and L t . Whitehead? --- Yes, at one stage, Lt.

Wh it ehead came and sat next to me. And he asked me

whether I did not think that Neil could have been an active

SACTO member. And I said I did not, and I began to give

reasons which was, only that if he was active in SACTO

or the SACP - South African Communist Party was the only

organisation that L t . Whi te h ea d suspected Neil may have

been involved in. And I said that I felt that had he been

active in any u n de rg r ou nd capacity, or any illegal c a p a ­

city, he would not have taken a high profile p o s i t io n in

a Trade Union, because it wo ul d have exposed h i m to too

much Security Police surveilance. And while my c o n v e r ­

sation with Lt. W hi tehead was taking place, Maj. Cronwright

overheard us, and he interrupted and said to L t . W hi te h e a d

that he should get the idea that Neil was involved in SACTO

out of his mind, because he h ad a list of Barbara Hogan's

on which she listed her comrades, and and_he noted which

of her comrades were working underground. And that Neil s

name on that list appeared in the category of purely above

ground activity. And that M a j . Cronwright e mp ha si ze d that

Barbara Hogan has not kn ow that he would find that list.

t Or / . ..

Page 19: Auret Denis van Heerden Yes. Now I say you will be giving

2797 .

Or that he would remove that list from her letterbox, and

he therefore took it to be an accurate reflect io n of Neil's

political activity.

You had seen this document, my learned friend

showed it to you right at the beginning - I don't k n ow

why, but he showed it - that is the document that was

being referred to? --- That is right.

An d you had seen it before? --- That is correct.

Do you recall whether L t . Wh i te he ad r es po nd ed to

this in any way? --- L t . Wh it e he ad did not look convinced.

Would you describe Dr. Aggett as a "loner or a

person who has become socially isolated? Neil was - he

worked very hard, he was a very busy person, and it meant

that his work commitments often occ up ie d him m the e v e n ­

ings, and so he did not m ix much socially.

Yes, but do. y ou equate a busy person wi t h a

person who is socially isolated? — No, his - his degree

of social isolation was not a matter of choice, it was b e ­

cause if his commitment to Union work.

Yes. Some reference has been made by my learned

friend whilst you were being questioned by h im about your

background. Perhaps just a couple of words. What are

you doing at the moment? — Busy with a Masters Degree at

W i t s .

In what? ——— Industrial Sociology.

And does that me an that you have an Honours degree

--- It d o e s , yes .

And what is your Honours Degree in? — Also in

Industrial Sociology.

Did your studies lead you to have anything in

c o m m o n / ...

Page 20: Auret Denis van Heerden Yes. Now I say you will be giving

common with Dr. Aggett? --- Yes, we shared a common interest

in labour matters.

And does Industrial Sociology deal with Trade Unions

and other matters? --- V e r y mu ch so.

Yes. Did you ever hear Dr. A ggett w h ilst you

were associated with him, calling himself a communist?

N o .

Or that he had .Communistic i d e a s ? --- No.

How does the word "Communistic" sound to your

e a r ? --- Fine.

What w ou ld you say, would it have been a word

which would have fallen easily from Dr. Aggett s lips?

--- No, I don't think any English speaking p e rs on w ou ld

refer to himself as "Communistic," - they w ou ld ..

Yes, did you ever hear him say that he b elieved

in the Marxist ideology? --- No.

NO FURTHER QUESTIONS.

RE-EXAMINED BY ADV. DE V R I E S : The statement that was

handed to you by my learned friend, Mr. S c h a b o r t , do

you have that in front of you? Which one is that?

The first statement, the affidavit? --- I do.

I think it was handed to me by you.

Yes, is that the affidavit you origin al l y made

for use of the Inquest - or part of it? That's p a r a ­

graphs 1 to 24? --- It is difficult to tell the original

from a photostat. _____ ______

The original? Did you initial the three originals

---- I think it is yes.

Did you initial the pages at the bottom?

That is correct.

Page 21: Auret Denis van Heerden Yes. Now I say you will be giving

2799.

You confirm that statement that you had made it

and it was the original affidavit? --- That is correct.

You hand that in then as EXHIBIT J J J .

BY THE C O U R T : That of course, is excluding from p a r a ­

graph 25 onwards?

ADV. DE V R I E S : I think that is only par. 1 to 24 - the

rest of the pages - and portion of p a r . 25 - the rest of

the pages had been removed.

ADV. B I Z O S : And m ay I say, Sir, that pa ra gr a ph 28, which

was also possibly left out by oversight. But in any event

that was covered by my learned friend in cross-examination.

BY THE C O U R T : The information contained in that p a r a ­

graph is on the record, Mr. Bizos. I could not take it

piece by piece.

ADV. B I Z O S : As Your Worship pleases, but the information

is before Your Worship.

BY THE C O U R T : I consider it as far as par ag ra ph 24 to

be handed in.

ADV. S C H A B O R T : Your Worship, I want e d to - just on one

aspect, arising from my learned friend's q uestioning of

the witness, just put something to him, and that is this

alleged conversation involving M a j . Cronwright.

BY THE C O U R T : Yes?

ADV. S C H A B O R T : Where - I am not going to take up time

now, but my instructions from h im on this particular point

is that far from him having been of the vi ew that that

"Close C o m r a d e 's"-document e xculpated or e xc ul pa te d or

excluded Dr. Aggett from involvement in the ANC had the

contrary meaning, and that he didn't say this, what you

say, on that occasion? - I have just got to put that to

y o u / ...

Page 22: Auret Denis van Heerden Yes. Now I say you will be giving

2800.

you. He will come and give evidence p resumably along

these lines. Mr. Van Heerden, w ould you like to comment

on that? --- I have no comment to make on the evidence

that M a j . Cronwright might give.

Thank you, Sir.

NO FURTHER QUESTIONS.

EXAMINED BY MR. S M I T H ; Mr. Van H e e r d e n , during the

course of your studies, could you indicate to us beside

your Industrial Psychology, what other subjects you

covered? --- I studies political science, Afr i ca n G o v e r n ­

ment? I studies legal theory; I studied Afrikaans;

Industrial Sociology - sociology, not psychology.

Sorry, Sociology. --- And I studied straight

psychology as well.

Could you give us in greater detail a de scription

of the injury that you described on Dr. A g g e t t 's arm, with

regard to its position, its shape, f r e s h n e s s ,■and all the

characteristics which you think could be appropriate to

this particular wound? --- Yes. It was on the evening of

the 4th, and Neil put his arms through the grill. His

grill was such that he would have been standing against

it looking at me, sitting where you are, roughly, and he

put his right arm through the grill like that. His sleeve

was rolled up. And I could see a red stripe, shall I

say, across his forearm, which appeared to be of about

2 cm in length. About an inch in l e n g t h y _ And it was

midw a y between his wrist and his elbow.

I seem to recall you used the word "linear?" ---

Ye s .

What did you mean to convey by the use of the

word / . . .

Page 23: Auret Denis van Heerden Yes. Now I say you will be giving

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Collection Number: AK2216 AGGETT, Dr Neil, Inquest, 1982 PUBLISHER:Publisher:- Historical Papers Research ArchiveLocation:- Johannesburg©2013

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