Crime scene testimony continues at Marikana inquiry

About 16 cartridge cases were discovered where two civilians were found murdered in Donkerhoek, Marikana, in August, the Farlam commission heard on Tuesday.

"One civilian body was found near an informal house," crime scene technician Captain Moses Moshwane said.

"The other civilian body was across the stream."

Moshwane was giving evidence to the commission, chaired by retired judge Ian Farlam.

The commission is holding public hearings in Rustenburg, North West, as part of its inquiry into the August 16 shooting at Marikana that left 34 miners dead and 78 wounded.

The preceding week saw 10 other people, including two policemen and two security guards, killed in protest violence in the area.

Moshwane said on Tuesday he attended and processed the crime scene on August 13. A R5 cartridge case was also found, he said.

Tim Bruinders, for the Association of Mineworkers and Construction Union, asked Moshwane if he was involved with the crime scenes where miners were killed on August 16.

"Only at scene one [where 16 people were killed near a kraal] on August 16... I was assisting with the collecting of exhibits and measurements," said Moshwane.

He said he arrived at the scene at 9:47pm.

A second crime scene technician, Warrant Officer Frederick Opperman, processed the area where two Lonmin security guards were murdered on August 12.

Opperman told the commission when he arrived at the scene, two bodies, two motor vehicles and ammunition cartridges were pointed out to him.

Lawyer for the families of the security guards, Tshepiso Rampil, asked Opperman to describe what the bodies looked like.

"One of the bodies was still half in the vehicle. That body was badly burnt. There was a hack mark on the head of the body," he said.

"The second body... there were burn marks on the chest and the trousers were also burnt. He had wounds on his face."

Opperman said the cars of the security guards were so badly burnt police could not immediately determine the make.

A crime scene expert told the Farlam Commission that when he arrived at the small hill in Wonderkop where 13 people were killed, the crime scene was still active.

Captain Apollo Mohlaki said he arrived at scene two, known as the small hill, around 4pm on August 16 and processed the scene until 3:10pm the next day.

Commission chair, retired judge Ian Farlam, interjected and double-checked the time of arrival with Mohlaki pointing out that this was the time the shooting happened.

"When I got there the scene was still active," said Mohlaki.

Evidence leader Mbuyiseli Madlanga asked: "Was there any shooting taking place when you arrived there?"

Mohlaki said there was not, and proceeded to explain that he had been requested to be on stand-by and had been at a police holding area at the Lonmin mine since the morning.

This followed after an early morning police briefing at the joint operational centre (JOC) where he and three colleagues were briefed to be on stand-by.

Mohlaki said he was told there was a possibility that mineworkers, gathering on a hill in Wonderkop, would have dangerous traditional weapons and have unlawful ammunition.

It would be his job to document these weapons once the miners were disarmed.

Mohlaki's evidence in chief was expected to continue on Wednesday.

Earlier, the commission wrapped up its three-day cross-examination of crime scene technician Lt-Col Cornelius Johannes Botha.

Botha was tasked with filming the police disarming and dispersing operation on August 16 from a helicopter.

However, Botha's footage did not capture the shooting at scene one, at the kraal, or scene two at the small hill.

He said he had only heard of the shooting when he was back on the ground.

Following the shooting police held a nine-day debriefing in Potchefstroom.

Botha told the commission he could not recall if his video was watched at the meeting or what was specifically discussed at the meeting.

He said during the meeting he was asked about crime scenes which had been processed.

Botha was grilled by advocates for the different parties after he could not recall key details of the operation.

There were four helicopters in the air that day, two of which belonged to police. It was not known if video was taken from the other three.

Thembeka Ngcukaitobi, for the Legal Resource Centre (LRC), asked Botha if he knew that the water cannons also had video recorders fitted onto them.

Botha said no, he had never been in a cannon.