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Police at Marikana had acted with "malice aforethought" and disproportionate force on August 16 2012 when they killed 34 striking miners, lawyer George Bizos submitted to the Farlam commission yesterday.
Bizos, questioning Lieutenant-Colonel Salmon Vermaak, suggested that the police leadership had not followed proper procedure on August 13, the day two miners and two policemen were killed.
Vermaak, who was the police air wing unit commander, said he was "not in a position to comment" as he was in the air that day.