Concern over 'damning' Marikana statement

2013-09-25 13:12
Judge Ian Farlam (Picture: AFP)

Judge Ian Farlam (Picture: AFP)

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Pretoria - Police representatives at the Farlam Commission of Inquiry protested on Wednesday about “damning” statements attributed to evidence leader Geoff Budlender SC.

Ishmael Semenya, for the police, said Budlender’s statements that the police's evidence to the commission was untrue caused “grave concern”.

“The concern is grave because the evidence leaders are an extension of the commission. They have been appointed by the commission and they do their work for the commission.

“A pronouncement that documents they [evidence leaders] have demonstrate that a version we [the police] placed before this commission respects not the truth is very damning.”

Semenya invited Budlender and the evidence leading team to identify the documents which inspired that opinion.

“They must also identify which of the SAPS witnesses at this commission are demonstrated to have been untruthful to this commission. We think we deserve that and that will inform our clients with regards to their conduct at these proceedings,” he said.

New material

Earlier this month, Budlender sought a postponement of the public hearings to enable the evidence leaders to work through the new material, running into thousands of papers.

In his statement, Budlender said the new material had been made available by the police and its legal team to explain certain matters.

The statement read: “In the past 10 days we have discovered through the evidence leaders that there must be info that was not disclosed by the police that seeks to suggest that the information was withheld to try and portray a certain approach to the commission in relation to what has been discovered.”

During Budlender’s submissions he stated that in the opinion of the evidence leaders, some of the documents demonstrated that the police's version of events at Marikana as well as the evidence of police witnesses, were in material respects not the truth.

Commission chairperson, retired judge Ian Farlam, said that might not be so. Budlender said this was for the commission, and not the evidence leaders, to decide.


In granting the postponement sought, which neither the police nor any of the other parties present opposed, Farlam said: “I think it appropriate to place on record these are at the moment only concerns.

"There are no findings made, these are matters that have to be looked at, and we don’t know what the results of the examination of these points will be. But clearly from what you tell us, these are matters that require careful consideration, which I am sure they will receive.”

The commission, sitting in Centurion, is investigating the deaths of 44 people during strike-related unrest at Lonmin's platinum mining operations in Marikana, near Rustenburg, North West, last year.

Police shot dead 34 people, almost all striking miners, while trying to disperse and disarm them on 16 August 2012. Ten people, including two police officers and two security guards, were killed in the preceding week.

President Jacob Zuma established the commission shortly after the unrest.

Read more on:    police  |  ian farlam  |  ishmael semenya  |  marikana inquiry

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