Item Belt 191c - MP3 - Sergeant Petrus Johannes du Preez handing in documents

Description

The day began, once again, with Dr Yutar conducting short examinations of a number of witness who testified to one act of sabotage each. The defence decided to call only one of these witnesses, Johan Scholtz, for cross-examination and the others were excused from court without undergoing cross-examination. The witnesses called on this day once again gave evidence of various acts of sabotage committed across the Republic. It was only with the penultimate witness, D/Sgt Kleingeld, that focus was shifted back to the raid of Liliesleaf Farm and the arrest of many of the accused in the Rivonia Trial.

The final witness called on this day was once again D/Sgt Du Preez, the handwriting expert for the state. Mr Fischer told the court that he would admit to the handwritings identified on documents by D/Sgt Du preez and Dr Yutar suggested that Mr Coaker would be making a similar admission in regard to the identification of James Kantor’s handwriting on certain cheques testified to be D/Sgt Du Preez.

Following the cross-examination of D/Sgt Du Preez Dr Yutar took up the remaining time of the court on this day by reading and submitting further documents to the court.

Witnesses Called

160th State Witness: Lieutenant Stefanus Lerm – SAP, Grays.
Examination-in-chief by Dr Yutar.
Lieut. Lerm gave evidence in regard to Item No.21 of Annexure B. On the night of 16th December, 1961, an incendiary bomb was thrown into the post box at the office of the Portuguese Curator in Market Street, Johannesburg. A burnt box found at the scene by Lieut. Lerm was handed over to D/Sgt Van Wyk and W/O Kennedy.

Cross-examination reserved.

161st State Witness: Bantu Constable Jafta Nala – SAP, Natal.
Examination-in-chief by Dr Yutar.
D/Sgt Nala gave evidence in regard to Item No.75 of Annexure B. On 14th October, 1962, a one gallon tin containing an inflammable substance was placed against the door of the Security Police Offices in the Madeline Building, Durban. D/Sgt Nala was walking from his car outside the building when he heard an explosion go off. He investigated the scene and found that the explosion had caused a dark grease stain on the door in fornt of which the tin had been placed, but the tin itself was still intact and the, assumedly intended, fire had not been started. D/Sgt Nala claimed that he had noticed a Volkswagen acting suspiciously near the building but did not take notice of its registration number or the driver of the vehicle – whom he admitted may have been a white man.

Cross-examination reserved.

162nd State Witness: Jan Stefanus Joubert – Train Conductor, Durban.
Examination-in-chief by Dr Yutar.
Jan Joubert gave evidence in regard to Item No.135 of Annexure B. On 8th January, 1963, the main railway line between Umgababa and Karridene, about 23 miles from Durban, damage had been caused to the tracks by means of a dynamite explosion. Jan Joubert had been driving a goods train from Port Shepstone when he heard the explosion going off on the tracks behind him. At the next stop Jan Joubert reported what he had heard, seen and smelt and warned a passenger train scheduled to use that particular line to delay its trip or re-route it.

Cross-examination reserved.

163rd State Witness: Johan Hendrik Scholtz – Circulation Manager, Die Nataller.
Examination-in-chief by Dr Yutar.
Johan Scholtz gave evidence in regard to Item No.146 of Annexure B. On 18th January, 1963, Johan Scholtz and his wife had been working in the workshop adjoining the offices of Die Nataller newspaper in Umbilo Road, Durban. At roughly 9:00pm an explosion went off causing considerable damage to the walls, windows and furniture in the building and to Johan Scholtz’s car parked across the road near a bus stop. Johan Scholtz claimed that his wife, although having sustained no physical injuries, was still suffering from shock and anxiety as a result of the experience.

Cross-examination reserved.

164th State Witness: Rudolf Fourie – Beer Hall Manager, Durban.
Examination-in-chief by Dr Yutar.
Rudolph Fourie gave evidence in regard to Item No.154 of Annexure B. On 10th February, 1963, a home-made bomb with a piece of water piping was placed under one of the tables at a Municipal Beer Hall in Bell Street, Durban, of which Rudolph Fourie was the overseer appoiunted by the Beer Administration Department. The blast cause damage to the cement table and injured three black men who had been sitting near it inside the Beer Hall.

Cross-examination reserved.

165th State Witness: Johannes Nicolaas Jocobus Roetz – Ganger, SAR & H.
Examination-in-chief by Dr Yutar.
Nicolaas Roetz was a ganger for the South African Railway services who gave evidence in regard to Item No.167 of Annexure B. He testified that he and his “boy” – a racist term for a black co-worker – had not worked on the particular section of line between Alberton and Vereeniging since the Saturday prior to 23rd February, 1963. When they had completed their work on the Staturday Nicolaas Roetz insisted that the track had been in perfect condition. Nicolaas Roetz only saw the damage to the lines, the two bolt spanners and other tools which had been taken from the gangers’ storeroom, at the time when police were investigating the scene after a derailment had taken place.

Cross-examination reserved.

166th State Witness: Warrant Officer Daniel Wessels – SAP, Durban.
Examination-in-chief by Dr Yutar.
W/O Wessels and Lieut. Swanepoel were taken by Siva Pillay to Clairwood Beach, along a footpath in the bush on the edge of the beach and to a particular spot where they dug into the ground and found a four gallon tin wrapped in a plastic bag. The next day W/O Wessels contacted an explosives expert, Mr Strongman, who inspected the tin, took possession of it and had it destroyed.

Cross-examination reserved.

163rd State Witness: Jan Hendrik Scholtz – Circulation Manager, Die Nataller. (Recalled).
Cross-examination by Mr Fischer.
Johan Scholtz had stated in his examination-in-chief that at the time when the explosion at Die Nataller went off at 9:00pm the street outside the building would have been full of people who had just come out of a movie at the nearby Arcade Cinema. Mr Fischer confirmed with the witness that, as the last showings were at 6:00pm, there would have been no films finishing at 9:00pm, and hence there would not have been large groups of people in the street as a result of this.

Mr Fischer then asked Johan Scholtz if it was normal for him and his wife to be working at this time and day. Johan Scholtz replied that it was normal but that, because the printers were located in the outside building, they were not in Die Nataller offices very much at all. On that particular night he and his wife had been the only people on the premises.

Re-examination by Dr Yutar.
Under re-examination Dr Yutar asked if the lights in the offices had been put on by Johan Scholtz. Johan Scholtz said that he had switched the lights on and left them on while he and his wife were working at the printers. Presumably, Dr Yutar wanted to make the point that there were signs of people being in the building when it was targeted with an explosion.

No further cross-examination.

167th State Witness: Detective Sergeant Christiaan Petrus Kliengeld – SAP, Grays.
Examination-in-chief by Dr Yutar.
D/Sgt Kliengeld had been one of the officers involved in the raid of Liliesleaf Farm on 11th July, 1963. Upon arrival at the scene D/Sgt Kliengeld found Accused Nos.2 and 5, Walter Sisulu and Ahmed Kathrada, walking on the southern side of the outbuildings. According to D/Sgt Kliengeld, Walter Sisulu had been wearing a dust coat and he had long hair with a moustache, as depicted in photo No.2 of Exhibit D. Ahmed Kathrada was said to have looked identical to the photo No.5 in Exhibit D with rusty coloured hair and moustache and dark glasses.
At 5:00pm D/Sgt Kliengeld was stationed at the front of the main house and saw a Citroen car coming down the driveway suddenly stop and quickly begin to reverse. D/Sgt Kliengeld saw a uniformed policeman running after the car and ordering the driver to stop. The driver gave his name as Arthur Goldreich but D/Sgt Kliengeld could not recall what he had been wearing.

D/Sgt Kliengeld also gave evidence regarding the search he had conducted of Reggie Vandiar’s house in Spark Lane. In a room at Reggie Vandiar’s house D/Sgt Kliengeld found a carton box, rubber gloves and white powder. As a result Reggie Vandiar was arrested for possession of explosives but D/Sgt Kliengeld could not recall the month in 1963 during which this search had taken place.

Cross-examination reserved.

18th State Witness: Detective Sergeant Petrus Johannes Du Preez – Handwriting Expert. (Recalled).
Further examination-in-chief by Dr Yutar.
D/Sgt Du Preez gave evidence of the documents which had been identified as being in the handwriting of Arthur Goldriech. These were: R.1, R.2, R.3, R.4, R.5, R.8, R.9, and T.2. The documents in the handwriting of Accused No.1, Nelson Mandela, were: R.11, R.12, R.13, R.14, R.15, R.16, R.17, R.18, R.19, R.20, R.21, R.22, R.23, R.24, and R.25.

The following four documents were identified as being in the handwriting of Accused No.2, Walter Sisulu: R.170, R.185, T.75, and T.76. The documents identified as being in the handwriting of Accused No.3, Denis Goldberg, were: T.6, T.8, T.36, T.37, and R.152. The documents identified as being in the handwriting of Accused No.4, Govan Mbeki, were: R.52, R.53, T.35, T.54, T.77, T.78, T.79, and R.197. The document identified as being in the handwriting of Duma Nokwe was R.198. And lastly, the documents identified as being in the handwriting of Harold Wolpe were: R.1, R.91, R.186, R.199, R.200, and R.201.

D/Sgt Du Preez informed the court that he had personally examined all of these documents and would be able to say his reasons for positive identifications in each and every case if required to do so by the court. It is worth noting that, although not indicated in the above description, Dr Yutar read extracts from the majority of these documents to the court as D/Sgt Du Preez identified the handwriting they were drafted in.

In closing Dr Yutar informed the court that all of these documents were ready to be made available to the defence council.

Cross-examination by Mr Fisher.
After a brief adjournment Mr Fischer re-opened proceeding by informing Judge De Wet that the defence was willing to save the court many hours of hearing evidence because he was “prepared to admit the handwritings as set out in Mr Du Preez evidence, as identified on all the documents”. Thereafter, Mr Fischer proceeded with his cross-examination of D/Sgt Du Preez by asking him if he had examined any other documents which had not been submitted in court. D/Sgt Du Preez said that he had examined a number of additional documents but they were only in the handwriting of Nelson Mandela and not any of the other accused or co-conspirators. Dr Yutar assured Mr Fischer that all of the documents found in connection with this case would be made available to the defence even those which were not submitted in court.

At the conclusion of D/Sgt Du Preez’s cross-examination Dr Yutar informed the court that Mr Coaker also wished to make an admission in regard to the handwriting identified as belonging to James Kantor on a number of cheques dealt with and handed in to the court previously. However, Dr Yutar said he would prefer it if Mr Coaker made this admission himself. Dr Yutar continued to inform Judge De Wet that Mr Berrange had also asked this witness to examine the pocket book of D/Sgt van Zyl and he hoped that Mr Berrange would be available in court the next day as D/Sgt van Zyl had been found by the state and brought back to court.

Thereafter Dr Yutar put in further documents to the court. The documents put in by Dr Yutar at this stage were as follows:
Exhibit CU: Affidavit re: Examination of exhibit Nos. 9 and 10.
Exhibit CV: Two copies World Marxist Review: March, 1963.
Exhibit CW: Castro’s Cuba.
Exhibit CX: Angola – Freedom Struggle (2 copies).
Exhibit CY: Ideas of Marxism – Leninism.
Exhibit CZ: Cover with headings.
Exhibit R.202: Programmes of Communist Party. Found in Room Three.
Exhibit R.203: A South African in China. Found in Room Three.
Exhibit R.204: Booklet: Fighting Talk – May, 1961. Found in Room Three.
Exhibit R.205: Fighting Talk. Found in Room Three.
Exhibit R.206: Two editions of New Age. Found in Room Three.
Exhibit R.207: Three booklets: The Voice of Africa (March, April and May). Found in Room Three.
Exhibit R.208: Programme of Communist Party of Spain. Found in Room Three.
Exhibit R.209: Spark – March 28, 1963. Found in Room Three.
Exhibit R.210: Peking Review – 1.3.1963. Found in Room Three.
Exhibit R.211: Communist International – March, 1939. Found in Room Three.
Exhibit R.212: International Bulletin: S.A. Communist Party. Found in Room Three.
Exhibit R.213: Seven Issues World Marxist Review. Found in Room Three.
Exhibit R.214: Castro’s Cuba. Found in Room Three.
Exhibit R.215: Booklet – Algeria. Found in Room Three.
Exhibit R.216: Letter by “O” (Foreign Police of the ANC). Found in Room Three.
Exhibit R.217: Letter by Basil M. Ntsikana. (Destruction of Capitalism). Found in Room Three.
Exhibit R.218: Manuscript of document 3 R.21. Found in Room Three.
Exhibit R.219: Lists of Addresses of Political Organisation. Found in Room Three.
Exhibit R.220: Lists of Addresses of Political Organisation. Found in Room Three.
Exhibit R.221: Statement issued by Nelson Mandela. Found in Room Three.
Exhibit R.222: Draft copy of a broadcast by Walter Sisulu in the handwriting of Sisulu. Found in Room Three.
Exhibit R.223: 3 Copies Draft Programme of S.A. Communist Party. Found in Room Three.
Exhibit R.224: Draft Material for Programme of S.A. Communist Party. Found in Room Three.
Exhibit R.225: Draft Policy of S.A. Communist Party, Several handwritings. Found in Room Three.
Exhibit R.226: Cutting of Government Gazette: Area Conducting Military Exercises. Found in Room Three.
Exhibit R.227: The African Communist. Issue July – August. Found in Room Three.
Exhibit R.228: Book Cover: Modern Guerrilla Warfare. Found in Room Three.
Exhibit R.229: Atlas of Union of South Africa. Found in Room Three.
Exhibit R.230: Outlines of a Syllabus on Training of Organisation, 200 copies. Found in Room Three.
Exhibit R.231: Seven Maps as detailed on list. Found in the Coal Shed.
Exhibit R.232: Africa Pledged to Wipe out Apartheid. Found on Walter Sisulu.
Exhibit R.233: Book: Guerrillas in 1960’s (Kas in Gang). Found in the Passage.
Exhibit T.80: Africa is Pledged to Wipe out Apartheid.
Court was then adjourned until the following morning at 10:00am.

Sources
Dictabelts: (Vol.52/3A/187c) (Vol.52/3A/188c) (Vol.52/3A/189c) (Vol.52/3A/190c) (Vol.52/3B/191c) (Vol.52/3B/192c).
Percy Yutar Papers:
Handwritten notes from the prosecution for 24th February, 1964 (Ms.385/36/7).
Wits Historical Papers:
M1 – M22 Notes of State Witnesses evidence (AD1844.A9.4).
Rivonia Exhibits (AD1844.A5.6).
Travallyn Exhibits (AD1844.A5.7).
Alphabetical Exhibits (AD1844.A5.2).
Annexure B to the Indictment (AD1844.A2.3.3).

Key Words
Sabotage, Explosives, Die Nataller, Beer Halls, Durban, Railway Lines, Siva Pillay, Rivonia Raid, Rivonia Exhibits, Travallyn Exhibits.