Fifteen residents of the Western Cape including 11 students and 2 teachers have appeared in the Cape Town Supreme Court charged with ‘terrorism’. The first accused, Ashley Alexander FORBES (22), a physical education student at the University of the Western Cape was detained in May 1987. Appearing with him were fellow-UWC students Peter JACOBS (22) and Nicklo Louis PEDRO (20); teacher Nazeem LOWE (23); Anwar DRAMAT (19), an electrical engineering student at the Peninsula Technikon; Clement BAADJIES (19), a school pupil; David Johannes FORTUIN (22), a worker; Jeremy Alan VEARY (25), a teacher; Walter RHOODE (24), an engineering apprentice; Wayne Ingemar MALGAS (21); Collin CAIRNCROSS (23); Ashraf KARRIEM (21); Colin Clive Martin PETERSEN (23); Leon SCOTT (29); and Yasmina PANDY (21) all also UWC students.
The 14 men and one woman first appeared in court in November 1987 but the indictment was only finalised in March 1988. The incidents mentioned covered the period 1985-87. In April the court recorded pleas of not guilty on behalf of the accused who in fact refused to plead and stated they were participating in the proceedings under protest.
The trial was characterised by difficulties and irregularities affecting the defence case, high morale amongst the accused and strong support for them from their friends and relatives. This support remained strong in spite of attempts by the state to suppress it. In November Scott's mother and sister and Petersen's sister were arrested and fined for 'dancing, singing and shouting' in the street outside the court. In April the public gallery was cleared for two days after the judge alleged relatives and friends had joined in freedom songs chanted by the accused in defiance of a ruling that no singing would be allowed. The defendants subsequently received sentences of six months for contempt for disrupting the court in protest at this decision.
As the trial proceeded a number of police-men gave evidence about the arrest of the accused and the discovery of weapons. They denied assaulting the defendants but Jacobs and Pedro in particular had told of electric shock torture, near-suffocation and being suspended by handcuffs. One policeman responsible for investigation and interrogation was Warrant Officer J. Benzien. He was questioned closely about the death of Ashley Kriel, the Bonteheuwel Youth activist shot by police in July 1987. He denied killing him, saying only that the gun had gone off while they were struggling. He admitted having a CAYCO poster of Kriel in his office on which the words 'Not for you' had been added to the slogan 'Freedom or death. Victory is certain.' He denied threatening Pedro by saying 'I shot him [Kriel]. You're lucky to be alive.'
Evidence was given about a number of armed actions including a hand grenade attack on the Manenberg police station in November 1985 and an explosion at a bus stop in Rondebosch in February 1987. This occurred close to the entrance to the State President's official residence. At the end of August, shortly after the trial resumed following a two-month recess, the accused made certain admissions. The state then asked for conviction of the first six accused on charges of involvement in guerrilla activities, the next seven for providing assistance to people who might be so involved and Leon Scott for furthering the aims of a banned organisation. Yasmina Pandy made no admissions and was acquitted. She should be released after serving the six-month sentence for contempt. After conviction the defendants began to lead evidence in mitigation.
