A former detainee Mr. Lawrence Kuny (26) gave evidence for the defence of how the effects of detention could result in a captive being manipulated to give "correct" evidence. Mr. Kuny who was warned as an accomplice in the trial of Raymond Suttner, and gave evidence for the state, described how during his period of detention his interrogators became more meaningful in his life than his former comrade, Raymond Suttner. Coupled with threats that he would be "going out the window - just like Timol" (a previous detainee who fell from a tenth floor window and died), the effects of detention and interrogation drove him into a fantasy world, he said.
A witness, Mr. Frans Kunene, who had previously given evidence for the state during the trial was declared a hostile witness when he reappeared and told the court that he had been forced to sign a statement which was written by the police. Mr. Kunene said that pebbles had been put into his shoes and he was made to squat with his chin and knees against a wall. When he collapsed he was whipped with a sjambok (hide-whip). His fingers had been whipped with the sjambok and he had lost all his fingernails. He eventually agreed to give evidence he said, because "they were killing me." The trial was interrupted on 24 February when police attempted to re-arrest Mr. Kunene after he had given fresh evidence. Mr. Kunene lay on the floor and screamed that the police would kill him. Mr. Kunene's attorney later informed reporters that he had been released on bail and charged with perjury.
Dr. James Napier later appeared as a state witness and denied that he had treated Mr. Kunene for injuries to his fingers. He told the court that Mr. Kunene and two other detainees had been brought to him by the police for treatment. Mr. Kunene had complained of pains in the joints and a fever, for which he had been given ointment, tablets and an injection. Dr. Napier said he had not even noticed the injuries to Mr. Kunene's fingers.
The Assistant Chief Magistrate of Durban, who had visited 12 Terrorism Act detainees, told the court that only two had complained of assault by the police. He denied that Mr. William Khanyile had complained of ear injuries after assaults, or that he had refused to note a complaint of assaults and a request for medical treatment from Mr. Russell Maphanga. He admitted to the court that he had no powers to investigate or justify complaints or to ascertain whether requests had been granted. Any complaints were referred to the station commanders at the police station where the detainee was held, he said.
Divisional head of Natal Inland Security, Col. J.G. Dreyer, gave evidence denying the allegations of torture and assault made by previous witnesses. Col. Dreyer told the court that he was dedicated to the protection of the state which was at war with communists and the ANC. He denied that solitary confinement was used to "soften up" detainees and said that detainees were not completely isolated as they had frequent visits from the security police. Col. Dreyer said he had never heard of any allegations of assaults on detainees which were true, nor had he ever heard detainees being frightened by harsh words. Col. Dreyer denied all the allegations of ill-treatment made during the trial and said that despite the fact that the communists and the ANC were "at war with us", detainees were treated humanely. Under cross examination Col. Dreyer admitted that some members of the Security Branch were trained overseas, but he did not specify where.
After initial denials to the court Col. Dreyer said it was possible that one of the accused Mr. Harry Gwala had been interrogated continuously for 2 days and nights. Two Security Branch officers who took part in this interrogation, Captains Wolhuter and Fourie, told the court that Mr. Gwala was being uncooperative in releasing urgently required information. Captain Fourie spoke of a "looming crisis in the country" and said that the ANC had planned an uprising for 16 December 1975. Among other police officers to give evidence was Lt. Jacobus Erasmus who had earlier been named as responsible for the electric shock torture of Cleopas Ndhlovu at a police camp at Island Rock in northern Natal in March 1976. Lt. Erasmus admitted interrogating Mr. Ndhlovu but denied that he had given him electric shocks.
The trial of the ten men was adjourned on 22 March until 3 May to enable the state and defence advocates to complete preparation for legal argument.
