By Sandy McCowen.
Former Security Police Captain Daniel Siebert has given the reopened Steve Biko inquest his account of the interrogation that preceded Biko’s fatal injuries, telling the Gqeberha High Court that Biko became upset when confronted with information about a political pamphlet and subsequently resisted the officers.
Siebert joined the South African Police Force in January 1962 and served in the Gqeberha Security Branch from 1967 to 1981.
He testified virtually with his advocate Advocate Marius Van Zyl SC who read his affidavit, with Judge Isaac Madondo questioning him about the events of 6 September 1977, when Biko was taken from Walmer Police Station to the Security Police offices in the Sanlam Building for interrogation.
Siebert, who is now 80-years-old, was a captain in section B, which dealt with “coloured matters”, and became part of the team interrogating Biko and Peter Jones after their arrests in August 1977 near Makhanda.
The interrogation followed an investigation into a pamphlet circulated in Gqeberha calling for action against the apartheid government.
Security Police accused Biko of inciting unrest, information Siebert says was obtained from the interrogation of Biko’s close associate Peter Jones.
According to the historical evidence, police alleged that Biko and Jones were involved in producing and distributing the pamphlet.
Jones later disputed the police version, saying statements implicating himself and Biko had been obtained after he was assaulted.
Madondo asked Siebert why the interrogation had turned into a physical confrontation.
“He was confronted with the information which was obtained at the time of Peter Jones’ interrogation and that obviously upset him,” Siebert said.
Madondo also questioned Siebert about whether Biko had resisted.
Siebert maintained the version contained in his affidavit. He said Biko was sitting on a chair when he entered the room.
Siebert ordered him to stand and removed the chair.
When Biko later took another chair and sat down, Siebert said he grabbed him across the chest and pulled him off it.
Biko allegedly became angry and pushed or threw the chair towards Siebert, who ducked to avoid it.
According to Siebert, a struggle then broke out, with officers punching him, trying to subdue him.
He said Sergeant Gideon Nieuwoudt struck him with a cut piece of garden hosepipe, known as the “Green Mamba”.
He said the struggle resulted in Biko and the officers falling against a wall, with Biko striking his head against it before falling to the floor.
“The deceased offered no further resistance and appeared to me to be dizzy and confused.”
Siebert said he then ordered that Biko be handcuffed to prevent him from getting into another fight.
He said the incident was reported by Major Harold Snyman to Colonel Pieter Goosen.
Attempts to continue communicating with Biko were unsuccessful, Siebert said, because Biko refused to cooperate.
He said Captain Jacobus Benecke and Nieuwoudt were instructed to continue supervising Biko while he left the office to continue with his work.
Siebert could not say whether the incident caused the head injury that ultimately led to Biko’s death five days later.
His evidence then moved to the final days of Biko’s life and his transfer from Gqeberha to Pretoria.
He said that on 11 September 1977, Goosen instructed him to collect Biko from Port Elizabeth prison and take him to Walmer Police Station for further questioning.
Siebert said Biko was being held in the hospital section of the prison.
He and Nieuwoudt took Biko to Walmer Police Station, where he was placed in a cell.
Siebert, Nieuwoudt and two other officers then drove 1100km’s in a land rover from Gqeberha to Pretoria during the evening of 11 September.
Siebert told the court that Biko was handed over to prison authorities in Pretoria at about 9am on 12 September.
He said Biko was dressed only in his underwear during the journey.
There were cell mats and blankets in the vehicle, he said, which was a closed land rover-station wagon.
He said during the drive they stopped and bought hamburgers and water which Biko was offered.
Siebert said he refused to eat the burger but sipped the water.
He told the court he only learned on 13 September that Biko had died in Pretoria the previous day.
Madondo also questioned Siebert about the decision to transport Biko to Pretoria.
Siebert said he had been told by Goosen that Biko was being taken there to receive further medical attention.
“I was informed by Colonel Goosen that we would be transporting the deceased to Pretoria, so that he would get further medical attention.”
Madondo then questioned Siebert about why Biko had been taken to Pretoria instead of receiving treatment at Provincial Hospital in Gqeberha.
He said the officers were just following Goosen’s orders and didn’t have a say in the matter. Siebert denied that he had intended to assault or kill Biko.
“I deny that at any stage I had the intention to assault or kill the deceased.”
He said Biko’s death had caused embarrassment to the Security Branch.
Forensic pathologist Dr Shakeera Holland previously told the court that the injuries documented in Biko’s original post-mortem were of different ages.
She found that soft-tissue injuries ranged from about 12 hours to eight days old, while brain injuries ranged from three to as many as 15 days old.
Holland said the pattern was consistent with repeated trauma rather than a single incident.
She also told the court that the extent and distribution of the brain injuries were not consistent with one impact from a fall or Biko hitting his head against a wall.
When confronted with this evidence, and the evidence of Dr Colin Hersch’s son who told the court, his father told the authorities Biko should be taken to the Provincial hospital in Gqeberha.
“I cannot comment on that. It did not happen during my presence or the time that I was there. I did not see any of such.”
A formal inquest was held in November 1977, and accepted the version that Biko had sustained his injuries after hitting his head against a wall.
Nobody was prosecuted for his death.
Biko’s son, Nkosinathi Biko, said after the testimony that he wished Siebert had appeared in person to face the family.
He said: “I wish that he was here in person to face the Biko family in the manner that he faced Steve Biko.”
Biko said the family had listened to the testimony and would remind the court of the different versions that had been given by those involved in his father’s interrogation.
He said those accounts had changed over the years, with new narratives continuing to emerge. We have listened. So, if they have forgotten, we will remind them, not in our words, but in their words.”
Siebert is due to face cross-examination on Monday.