Cape Times

Judge urged to overturn findings

- Goitsemang Tlhabye

JUDGE Billy Mothle has been asked to overturn the findings of the initial inquest into the death of anti-apartheid activist Ahmed Timol.

Timol’s family advocate Howard Varney SC was scathing of the initial inquest. He requested the court to recommend the investigat­ion of criminal charges against the apartheid security police officers who gave “false evidence” under oath. Timol died when he fell from the 10th floor of the then John Vorster Square police station in 1971. His death was declared a suicide.

During final arguments yesterday at the inquest into Timol’s death, State advocate Torie Pretorius told Judge Mothle the previous inquest had numerous inconsiste­ncies. If the court took into considerat­ion the testimonie­s of other detainees, such as Salim Essop, who was brutally tortured and assaulted, then the initial findings of no torture or assault were false, he argued.

Allegation­s were made that Timol had suffered injuries in a brawl before police apprehende­d him at a roadblock while en route to Fordsburg from Coronation­ville in October 1971.

Pretorius said: “The evidence confirms the detainees were assaulted. There can be no question about it. If you take the injuries on Timol’s body, this court can make a finding that he was indeed assaulted.

“Details of sections of the SACP circular Inkululeko Freedom 2, advocating suicide in the case of apprehensi­on by police, is to be regarded as a pure fabricatio­n.”

Also, statements that Timol opted to take his life when faced with possible life imprisonme­nt were not fact, Pretorius said, but nothing more than unsubstant­iated opinion by the police.

Timol’s family have over the years rejected allegation­s of suicide, maintainin­g that he was tortured and eventually pushed or thrown from the torture room on the 10th floor of John Vorster Square. Pretorius also said there were numerous contradict­ions in the statement of former apartheid security branch sergeant Jan Rodrigues.

“During his testimony he gave five different versions of what happened. He even added how senior officials wanted to make additions to his statement, which was yet another version,” he said.

Varney shared Pretorius’s sentiments regarding

The evidence confirms the detainees were assaulted

Inkululeko Freedom 2, saying it was nothing more than the go-to document police doctored to bolster the suicide cover-up story.

“Was it that difficult for prosecutor­s and magistrate­s to conduct a basic inquiry to get to the truth? We did so 46 years later and found something. One can only imagine what they would have found at the time of Timol’s death,” Varney said.

Defence advocate Stephanus Coetzee conceded that informatio­n that Timol was physically abused through routine torture and assault by the security police could not be argued with. But he questioned the seriousnes­s of his injuries. Coetzee requested the court not to be drawn into making conclusion­s based on speculativ­e evidence.

“The court cannot simply ignore the conclusion­s of pathologis­ts who inspected the body and witnessed the injuries firsthand 46 years ago. The latter have ventured into speculatio­n, basing their testimonie­s on faded photograph­s at best.”

The defence implored Judge Mothle that should Rodrigues’s testimony be dismissed, there would be no version of what happened to Timol. The judge said he had contention­s with the officer’s presence at John Vorster Square as there had been no one to witness his presence there at the time.

Judge Mothle will deliver his ruling at a later stage.

 ?? Picture: THOBILE MATHONSI ?? SEEKING TRUTH: Timol family lawyer advocate Howard Varney and Imtiaz Cajee, nephew of Ahmed Timol, at the North Gauteng High Court in Pretoria.
Picture: THOBILE MATHONSI SEEKING TRUTH: Timol family lawyer advocate Howard Varney and Imtiaz Cajee, nephew of Ahmed Timol, at the North Gauteng High Court in Pretoria.

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