Prosecuting Authority on Pebco three final investigation report

Pebco three families receive final investigation report

17 April 2009

The National Prosecuting Authority (NPA) is satisfied that human remains
that were found at Post Chalmers farm were probably those of Siphiwo Mthimkulu
and Champion.

Galela, who disappeared on 14 April 1982, as well as those of the Pebco
three (Sipho Hashe, Qaqawuli Godolozi and Champion Galela who disappeared on 8
May 1985).

The Missing Persons Task Team (MPTT) of the NPA today met with and presented
its final report to members of the families providing its findings and reasons
for its conclusion. The report was accepted by all the families concerned.

Security police perpetrators had indicated to the Truth and Rconciliation
Commission (TRC) through amnesty applications that the two groups were taken in
1982 and 1985 respectively to the Post Chalmers farm (an old abandoned rural
police station outside Cradock). There they were interrogated, shot dead and
their bodies burnt on wood and diesel fires after which their 'ashes' were
removed and thrown into the Fish River. The MPTT sought to recover all and any
forensic material that could verify or dispute this information, with the goal
of recovering human remains of the five activists.

Two significant fire sites containing human remains were located at
Post
Chalmers, sites which corresponded to the information obtained from the TRC,
from current investigations, and from a documentary prepared by a private
film
maker Mark Kaplan. An underground septic tank comprising two interconnected
compartments that was between the two fire sites was drained and found to
contain quantities of human bone, fire residue and artefacts.

In all, 260 kilograms of assorted material was removed from the Post
Chalmers site for further examination. The material was carefully examined
piece by piece by forensic anthropologist, Claudia Bisso and all human material
and artefacts of forensic interest were separated out. In all, 12,6 kilograms
of burnt human bone fragments were recovered from these two fire sites and the
nearby underground septic tank comprising two compartments identified as tanks
one and two.

Two forms of forensic examination were performed on these remains,
namely
forensic anthropology examination and forensic odontology examination. The
forensic anthropology examination was conducted by Claudia Bisso
(Argentine Forensic Anthropology Team (EAAF) and subsequently by international
expert Prof Steve Symes from Mercyhurst College USA. A team of Justice in our
society, so that people can live in freedom and security post-graduate students
assembled from the Universities of Cape Town (UCT), Witwatersrand and Pretoria
assisted in the forensic examination under the direction of Prof Symes and Prof
Alan Morris from UCT.

The forensic odontology examination of the over 70 recovered teeth (roots
and
crowns) was conducted by Prof Vince Phillips at the Dental Faculty of the
University of the Western Cape (UWC). The bone and teeth examinations reached
similar conclusions regarding the minimum number of individuals that were
represented in the recovered human remains, as well as their gender and age
range.

A bone DNA expert from UWC, Dr Neil Leat, also examined the remains and
concluded that the extraction of DNA from these bones was not possible with
current technology. No DNA testing was therefore attempted at this stage. One
small bone sample has been retained for future possible DNA testing.

One fire site which formed a shallow pit measuring roughly 2 x 3 metres with
a depth of approximately 20 centimetres contained the remains of a minimum of
three adult males aged between 30 and 50. This corresponded to the data
regarding the PEBCO 3 and was in the broad location pointed out to the TRC by
one of the perpetrators, Gideon Nieuwoudt.

The second fire site was a shallow surface fire event that contained very
few human remains, collectively weighing only 0,1 kilograms. This fire site
corresponded to a site identified by one of the perpetrators in video
documentary footage as being the site of the burning of Siphiwo Mthimkulu and
Topsy Madaka. It is evident that the contents of the fire were removed.

The two compartments of an underground septic tank located between these two
fire sites were drained and sieved. They were found to contain wood and
charcoal residue of a significant fire and still smelt strongly of diesel, also
evident in an oily residue coating the contents of the septic tank that
included multiple artefacts. The two tank compartments contained the burnt bone
fragments and teeth of at least two adult male individuals aged in their
twenties. This corresponds to Mthimkulu and Madaka, and it is probable that the
human remains and residue of the fire were placed or pushed into these septic
tanks due to their convenient proximity. However, individual identification
cannot be done with available technology.

There are certain discrepancies in the evidence offered by the perpetrators
to the TRC. The perpetrators claim to have gathered the 'ashes' into black
plastic bags and that Gideon Nieuwoudt thereafter disposed of the 'ashes',
reportedly into the Fish River. However, it would have been impossible to place
hot fire contents into black plastic bags. Secondly, the bodies were not
'ashes' but still significant bone fragments. Thirdly, it is clear that very
few if any of the 'ashes' were removed at all from the site. The vast quantity,
if not all, of the fire contents were buried in the fire pit in the case of the
Pebco three and covered with sand and pushed into the septic tanks in the case
of Mthimkulu and Madaka.

The amnesty applicants denied that tyres were used as an accelerant in the
fire and claimed that they only used diesel and wood to burn the bodies.
However, significant quantities of burnt tyres were recovered in both fire
sites and both septic tank compartments.

The amnesty applicants indicated that they gathered wood from the
surrounding trees and bushes at Post Chalmers to make the fires in both
instances. However, a preliminary visual examination of recovered burnt wood
fragments suggests that cut wood may have been purchased. Questions remain as
to who dug the shallow 20 cm deep fire pit? No mention was made of this at the
amnesty hearing.

The NPA left nothing to chance and explored all forensic and scientific
investigative methods currently available in order to confirm its findings and
conclusions. We trust that the families concerned will begin to find closure to
this traumatic chapter in the history of their families.

Details regarding the handing over of the human remains to the families will
be communicated in due course.

Enquiries:
Tlali Tlali
NPA Spokesperson
Cell: 082 3333 880

Issued by: National Prosecuting Authority
17 April 2009

Share this page

Similar categories to explore