Cops take blame for little Maricha’s death
Bombshell dropped as lawsuit starts Evidence missing, says forensic guru
IN A shock concession, the South African Police Service yesterday took responsibility for the fatal shooting of 10-year-old Maricha Speelman during riot control in Uitenhage four years ago. The bombshell acknowledgment of culpability came only a few minutes before a R3-million lawsuit brought by the child’s family was due to be heard by the Port Elizabeth High Court.
The police have for years been denying their involvement in Maricha’s death – both in conversation with the family and in official court documents.
But yesterday, in a letter from the state attorney, the police took responsibility for the incident, saying that they would pay the damages determined by the court.
The police concession came as advocates Pieter Mouton and Nicola Barnard, for the Speelman family, were preparing to lead damning evidence from a ballistics expert and the eye-witness testimony of two men who were returning from work and said they saw a uniformed policeman shooting Maricha from a distance of 35 to 40 metres.
Previously, in their official plea to the court, the police stated: “The SAPS denies using live ammunition in Kamesh Street, Uitenhage . . . It is denied that members of the SAPS shot the deceased . . . wrongfully, unlawfully and intentionally.”
Shortly after the incident, the police told the Speelman family Maricha had been hit on the head by a stone.
The Speelmans’ attorney, Wilma Espag van der Bank, said yesterday that they would ask Judge Jannie Eksteen to refer the case to the National Prosecuting Authority for investigation.
Independent Police Investigating Directorate (Ipid) spokesman Moses Dlamini said the person who originally investigated the shooting incident had left Ipid.
“We are trying to trace information on the case,” he said.
A ballistic report that was to be presented to the court, drawn up by forensic expert Jacobus Steyl, stated that he had been asked to determine what had caused the fatal wound and he had made a preliminary finding based on the information available to him.
He said there was a relatively large and crucial amount of forensic evidence missing.
Steyl said that according to documents he had received from the police, “three unknown officers” had transported Maricha to hospital.
According to his report, the crime scene report stated that she had been shot in the head and the bullet had exited at the back of her head.
Maricha’s mother Maria Speelman, 52, had said she had originally been told her daughter had been hit by a stone.
Steyl said in further letters he received from the police it was stated that little physical evidence had been found at the scene. “A bullet was found,” he said. Steyl said official police documents indicated that the police were using shotguns and rubber bullets.
He said rubber bullets were of low velocity and designed to be non-penetrating and to be fired at crowds from 20m or more.
“At this distance the rubber balls normally leave a round bruise on the skin and do not penetrate. At closer distances, the incorrect use can cause serious injury and even death.”
Steyl said for rubber bullets to have penetrated skin and bone, Maricha would have had to be shot at extremely close range (1.5m to 2.2m).
He said Maricha’s wound was most likely “the result of standard ammunition” . . . like a 9mm bullet.
The rest of the civil case to determine the amount of damages due to the Speelman family will be heard during the remainder of this week.
Three members of the Speelman family – Maricha’s father Bonakele Speelman, his wife Maria and their daughter Shantell – were expected to give evidence in the case and could not comment on the new development.
The Speelman family is suing the police for more than R3-million, mainly for extensive psychological counselling and treatment to help them deal with the shock and depression caused by Maricha’s death.
The family claims it was a uniformed policeman who shot Maricha in the head during the Langa land invasion confrontation in late 2013, despite the police denying this and insisting no live ammunition had been used on that day.
In November 2013, Langa, Rosedale and Gerald Smit townships were plunged into chaos when the then municipality applied for a high court interdict to stop a land invasion. At the time, residents demanding houses blocked roads, set community halls alight and torched councillors’ offices and vehicles.
Maricha was shot when the situation was much calmer. She was on her way home after having run an errand to buy R50 worth of electricity for her mother.