Two Coloured members of the South African Police were sentenced to prison terms by the Windhoek Supreme Court on 10 March after an incident in which two Ovambo men were assaulted during interrogation about a burglary. One of the Ovambos, Josef Andreas, died the same day in the Catholic Hospital in Rehoboth as a result of the assault. Floors Daniel Farmer (21), a constable, was sentenced to 5 years imprisonment, and Oswald Antonius Dentlinger (19), a student constable, to 4 years, on conviction of culpable homicide and assault with intent to commit grievous bodily harm. Half the sentence was conditionally suspended for 3 years in each case. In the course of the trial, evidence was presented to the Court of the use of a method of torture known as the 'spook', suggesting that this is a well-established practice on the part of the police.
The Supreme Court heard that the two Ovambos, Josef Andreas and Petrus Hamakari, had been brought into the Charge Office in Rehoboth on 15 December 1976, on suspicion of house-breaking. According to Hamakari, on arrival at the Office he was taken into a room where the two accused started beating him with the iron gear-lever of a vehicle. The rubber inner tube from a vehicle tyre was then "pulled over his head three times and he was suffocated." Further evidence of the use of such a tube or 'spook' as a method of forcing reluctant suspects to talk was provided by other witnesses. Sergeant R Robinson of the SAP, also stationed at Rehoboth, explained to the Court that a piece of inner tubing was cut open at both ends and pulled over the suspect's head so that they suffocated. He confirmed that the white police "often" used this method. Dr Jurie Nel, called to tell the Court what the effects would be, said that the 'spook' could cause unconsciousness within three minutes and could be extremely dangerous. After the tube had been used on Petrus Hamakari, he had come out of the room "wet with perspiration, dishevelled and crying", and had also admitted to taking the money alleged to have been stolen.
Josef Andreas had been interrogated by the two accused policemen after Hamakari. He had been slapped on the side of the head and kicked in the stomach with a "booted foot". A witness stated that he had heard the sound of blows and screams coming from the room where Andreas was being questioned. After about 15 minutes, Andreas had been brought back into the Charge Office, "seemingly spent and wet with sweat. He leaned against the counter, then fell over backwards, foaming at the mouth." Lieutenant Jacobus Charles of the SAP said that he had also seen Andreas standing at the counter looking "a bit wild and confused and unsteady on his feet". When asked what was wrong, Andreas had fallen over backwards on the floor where he lay twitching and senseless. He was subsequently taken to the Catholic hospital where he died a bit later. Medical evidence revealed that he had died of a ruptured liver and extensive internal bleeding in the abdominal cavity.
According to a statement by Daniel Farmer, one of the two accused policemen, the 'spook' had not been used on Andreas. However, it has twice been applied to Hamakari. He told the court that the person on whom the 'spook' was used could breathe because "they usually struggle and try to pull it off." Petrus Hamakari had tried to pull the tube off but could not manage; maybe, Farmer added, it was too tight. Mr Justice Hart, summing up the case, said that the two accused policemen were "very lucky indeed. If they had used the 'spook' on Josef Andreas, the deceased, they would still be facing a charge of murder."
There were indications in the course of the trial proceedings that Lieutenant Charles, the white Station Commander, and Sergeant Robinson, also stationed at Rehoboth, were well aware of the use of the 'spook' and may have directed the two Coloured Constables to make use of it on Hamakari as well as other suspects in the past. Both Charles and Robinson denied any such suggestion.
