Over two years after his first court appearance and a year after his trial began in earnest Fikile Owen GWADANA (29) was sentenced to an effective 12 years in prison by the East London Regional Court on 12 August. Gwadana, a nurse at Komani hospital, appeared with Mzibwabantu Errol DABULA (25) who was sentenced to three years.
The two men faced some 16 charges, the principle one of 'terrorism', arising out of their alleged involvement in the ANC's armed struggle. The case relied heavily on statements made by the accused in detention. In spite of a defence challenge to their admissibility all were accepted by the magistrate. They were alleged to have carried out a bomb attack at a shopping centre in Queenstown in June 1986 and to have harboured Luvuyo LERUMA, an alleged ANC combatant killed in a shootout with about 30 Ciskei bantustan and regular police the following month. Leruma stayed with Dapula at his home 'in the Transkei' - possibly in Ezibeleini, a township serving Queenstown but administered by the Transkei bantustan.
Gwadana told of being assaulted by two policemen shortly after his arrest and of having made a statement out of fear. He was examined by a district surgeon who denied finding any evidence of assault. The doctor concerned was in his surgery at the shopping centre on the day the bomb exploded and told the court he narrowly missed injury. Dr Koopowitz resisted defence questioning on his impartiality towards Gwadana, interpreting this as an attack on his integrity.
Dapula stated that he had made a statement because he was promised release from detention if he did so. He was desperate to get out of solitary confinement as he was frightened by the deterioration in his health. He suffered headaches, palpitations and insomnia after being kept in a cell with iron sheeting over the window, being forbidden to read and deprived of clean clothing. Although he made a statement in August 1986 he was only allowed out of solitary confinement in January 1987.
A further 'trial within a trial' concerned a 'pointing-out document' made by Gwadana which included a confession made to a police lieutenant. His defence lawyer challenged the competence of the police interpreter who admitted that he had not interpreted 'word for word'. Gwadana described how he was deprived of food for two days before being asked to 'point out' certain places.
Two witnesses gave evidence without being identified. The first, testifying under the pseudonym 'Peter', was described as a former member of the ANC and Umkhonto we Sizwe. His identity was withheld from the defence as well as the press and public. He identified Leruma as someone he had met at an ANC camp in Angola and who was known to him by the name Farah.
A second unnamed witness, the daughter of a Transkei bantustan security policeman, described seeing grenades belonging to Leruma in Dabula's room. She said both accused were aware of them. Leruma's aunt, a schoolteacher in Mlungisi, Queenstown, told of her suspicions about her nephew after he contacted her in 1986, some nine years after he had left the country. She said she had made a statement to the police after being informed that Dapula had 'told everything'. Dapula and Leruma were childhood friends.
Technical evidence about the blast by the police was challenged by an expert defence witness who described their scientific approach as 'wanting'.
Both men were convicted of 'terrorism' - Gwadana for planting explosives at the Queenstown shopping centre and Dapula for harbouring Leruma. Dapula was acquitted of all charges relating to the explosion. Gwadana was also convicted of attempted murder and unlawful possession of hand grenades.
