Witness living in fear eight years later
Pastor ‘let down by justice system’ after testifying in gangland killing
“EVEN if someone was shot dead right in front of me, I will never testify in court.”
This chilling statement by the mother of a gangster mowed down in the heart of Port Elizabeth’s gangland was made as the pastor whose testimony was pivotal to her son’s killer’s conviction is still jobless and in hiding eight years later – abandoned by those who had promised to help him if he testified.
Pastor Brendan Olivier, 47, and his family lost their home and most of their possessions after they took flight following death threats.
They have spent the last eight years penniless and on the run, and are now living in a state-provided prefab structure with no water or electricity services and no toilet.
One of Olivier’s close relatives was murdered in retaliation for his testimony later, according to the pastor.
Another witness who was crucial to the conviction, Esau Uithaler, 34, was shot dead on his way to church in October 2015 – just two weeks after coming out of hiding and returning to the northern areas.
Gang member Angelo “Dakota” Hendricks, 27, died in Olivier’s arms in May 2009.
Of the four witnesses to the hit, two had refused to testify.
Hendricks’s mother, Benita Bokbaard, 54, speaking from her Helenvale home, just a few hundred metres from where her son died, said she had endured four years of hell during the trial.
“I agree there was justice for my son, but I am heartsore about what happened to the witnesses,” she said.
“I knew Pastor Olivier and we had a very good understanding.
“But that is why I will never testify, that is why no one around here will testify.
“There is no support or backup from the authorities.
“Even when you people [journalists] come around, we don’t want to talk.
“We could just be talking about the weather, but people will think we are giving out information. No one will speak out, people are too scared their lives will be over.”
Jermaine Baadjies, 28, was convicted of Hendricks’s murder, the attempted murder of Olivier and related charges, and is serving a life sentence.
Senior state prosecutor Jason Thysse was also threatened in court by gangsters during the sentencing proceedings.
Olivier, who was promised accommodation and other assistance from the Department of Justice in return for his testimony, claims the assistance never materialised and he was simply spat out by the justice system immediately after the state secured the conviction of Baadjies.
Olivier paid a fleeting visit to his hometown last week and said he had engaged a Port Elizabeth law firm in an attempt to get his family’s life normalised.
He intends suing a number of respondents, from the minister of police to the provincial safety and liaison office, following years of failed attempts to get assistance from both Eastern and Western Cape leaders.
They include former Bay mayor Danny Jordaan and former Eastern Cape premier Noxolo Kiviet, among others.
Olivier said he had received threats from the day he was summonsed to testify and was forced to flee his home.
“I decided not to testify after asking the police whether they would assist me as I could no longer stay in my house or work in the area,” he said. “They said they could not help me. “While at court, where I made it clear I would not testify, I was told by a Bhisho official – on a cellphone handed to me by the investigating officer – that all my concerns would be addressed and sorted out.
“On faith and taking them [investigating officer and official] at their word, I then testified. Two days later when I tried to contact the official, they wanted nothing to do with me and my family.” Olivier is now living at an undisclosed location. “My wife and I have no jobs and we are experiencing extreme difficulty in getting our youngest child into his first year of school,” he said.
“We are struggling to get him into school because he has not done Grade R and we cannot provide a fixed address – let alone pay school fees.”
Compounding the situation, Olivier claims his family is living under serious threat from the community in which they reside.
“The community believes we are occupying property meant for others in terms of RDP housing allocations,” he said.
“The property was allocated to us by the provincial government, but we can’t explain to the community why we were put there.”
Two high-ranking members of the Department of Safety and Liaison – one of whom Olivier claims had verbally committed to assist him – were adamant Olivier’s needs had been addressed and the case was closed.
One senior management member, who is not authorised to speak to the media and cannot be named, said financial assistance had formed part of concluding Olivier’s case.
Safety and liaison director Neil Naidoo said yesterday that Olivier’s case was considered closed. “His case was considered by former premier Noxolo Kiviet, Danny Jordaan and others,” he said.
“It was sent to the National Prosecuting Authority [NPA] and also the office of the public protector – all of whom have found that there is no further case.”
An angry Olivier retorted: “What lies! All they did was to put us in this temporal structure with absolutely no services.
“They also assisted with R18 700 some time back to replace the furniture we lost. Nothing else.”
Justice department spokesman Mthunzi Mhaga said witness protection matters were the NPA’s responsibility.
NPA spokesman Tshepo Ndwalaza said he was aware of Olivier’s case but needed time to provide comprehensive comment.
Earlier this week, attorney Mark Williams confirmed his firm was looking at potential claims, including loss of income among other things.
Meanwhile, Uithaler’s family said no one had ever been arrested for his murder.
“He had been told by police that he would be arrested if he did not testify,” a family member, who did not want to be named, said.
“Two weeks after coming back here – he had been staying out of Port Elizabeth during the trial and for some time afterwards – he was shot in his church clothes.
“He was shot for being a witness.”
No one will speak out, people are too scared their lives will be over