Judge urged to overturn findings

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 asked 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 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.… 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.”

Timol’s family have over the years rejected allegations of suicide, maintaining that he was tortured and 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 state- ment, which was yet another version,” he said.

Varney shared Pretorius’s sentiments about Inkululeko Freedom 2, saying it was nothing more than the go-to document police doctored to bolster the suicide cover-up story.

Defence advocate Stephanus Coetzee conceded that information that Timol was abused could not be argued with. But he questioned the seriousness of his injuries.

Coetzee asked 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 first-hand 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.

Judge Mothle will deliver his ruling at a later stage.