exhibits

Advocate Baloyi does not accept that the failure to correct the SAP 13 entry was an error of judgment and states the exhibits were not in exhibit bags and hence should not have been recorded as going to the lab.

“No, Warrant Officer, I do not accept that it was an error of judgement . And the reason I do not accept that it was an error of judgement is because, firstly, these exhibits ... are not in exhibit bags .”

Advocate Sikhakhane states that at Port Shepstone there was no formal record as to the quantity of exhibits upon their arrival, and the sealing only started the following day.

“what we see then is that what gets into at Port Shepstone, there is nothing formally recorded as to the quantity. In fact, you start sealing it the following day .”

Warrant Officer Mpangase did not put exhibits back into the SAP13 register after booking them out, instead they were transported to and stored at Port Shepstone DPCI vault.

“we had already recorded them in SAP13 in Isipingo. And then at that time they were being transported to Port Shepstone”

There is no record of what happened to the exhibits after they were booked out; SAPS has no record of this.

“there is absolutely no record of what you did with them after you booked them out . SAPS has no record of that .”

After Warrant Officer Mpangase was in charge, he briefed the escort team to load the exhibits, informing them that the exhibits were drugs and needed to be escorted to Port Shepstone.

“Mpangase now was in charge, we waited for the escort. As soon as the escort arrived, Mpangase briefed the escort to say that we have got drugs here, we need to load them in the vehicles, and we are escorting them to Port Shepstone.”

Keys to exhibits at Port Shepstone were misplaced, allowing unrestricted access, and no adequate action was taken despite an attempted robbery or break-in.

“The key is sitting somewhere else. They go and collect the key, they are opening, they are taking stuff in, out, signing off... There is a report there was an attempted robbery or break-in. You do nothing about it... you do not even say to your Brigadier, I would like them to be moved... you do not even do that.”

When exhibits arrived at the lab, the lab noted small tears in exhibit bags requiring Nortje and Morris to transfer contents to new evidence bags.

“we also heard testimony that when the exhibits arrived at the labs, the lab noted that there were small tears in the exhibit bags, necessitating Nortje and Morris to use, to put eight of the bags into new evidence bags”

Warrant Officer Phakula admits that he found the exhibits at the crime scene secured in bags and infers they were not stolen based on this and statements from Scania employees.

“I said the exhibits were still secured in bags... and my concentration was on the exhibits, the security, like they were not stolen... No, except for the statements of people of Scania as well as ...”

The initial plan was that the exhibits were going to be driven to Alberton to be booked at SAPS 13 police station.

“the initial plan was that the exhibits were going to be driven to Alberton, to be booked at a police station in Alberton”

Warrant Officer Phakula was not aware of the magnitude of the exhibits.

“I was not aware of the magnitude of the exhibits”

At about 06:50 on 8 November 2021, Warrant Officer BJ Pienaar phoned LT-COL Prinsloo about a big problem, and upon going down the stairs, Prinsloo smelled a peculiar scent of ground metal or steel and discovered Pienaar's office trashed with the safe door half open, blue chair in the passage, locks ground off, and the passage covered in dark powdery substance with all exhibits taken.

“It was about 10 to 7, Warrant Officer BJ Pienaar phoned me and said we had a big problem and I must come down to his office. As I was starting to walk down the steps, I could smell a peculiar scent / smell, which you normally have when metal has been grinded open with a metal or steel grinder. When I got down, I saw that Pienaar's office was trashed. I also noticed that the safe door was standing half way open and the blue chair which was inside the safe was standing outside in the passage and that both locks were grinded off. The passage was covered in dark powdery substance. I walked to the safe and saw that all the exhibits was taken.”

The exhibits (cocaine) were never recovered; Prinsloo does not know the status or progress of the investigation regarding them.

“The exhibits were never recovered. I have been interviewed several times in relation to them. I do not know the status or the progress of this investigation.”

The transfer of exhibits from Isipingo Police Station to Port Shepstone offices occurred on 22 June 2022.

“t h e y w e r e s t o r e d o n t h e 2 2 n d o f J u n e 2 0 2 2”

All exhibits were sealed at the crime scene and no samples from the exhibits were submitted to FSL while they were still in storage.

“All the exhibits were sealed at the crime scene. No samples from the exhibits were submitted to FSL, whilst the exhibits were still in storage.”

A protocol on the search, seizure, handling, processing, and disposition of illicit drugs was adopted in October 2016 that must be complied with during seizures and subsequent processes including photographing exhibits at the crime scene and issuing reports to the responsible investigating officer.

“a protocol on the search, seizure, handling, processing and disposition of illicit drugs was adopted in October 2016 that must be complied with during the seizure of illicit drugs and the processes thereafter. The protocol is attached and marked as HHF 3. Importantly, the exhibit must be photographed by the crime scene examiner from LCR or the forensic examiner from FSL. The photograph of the exhibit or items seized at the crime scene must be provided with a report issued by the crime scene examiner to the responsible investigating officer”

Seized exhibits of 547 kg Mandrax booked in at Isipingo SAPS armory, a police station known not to have capacity, and unclear why 541 kg of cocaine could not be stored there six months later.

“The exhibits, 547 kilograms, were booked in at Isipingo SAPS and kept in the armoury, the same police station that apparently is known not to have capacity”