The container to be inspected had to be brought down from the stack for inspection, but space limitations existed within the depot due to stacked containers potentially more than 6 meters high, making movement and inspection difficult.
“for the container to be inspected, we have to bring it down from the stack and then open it, inspect it ... the space was not there ... the containers are stacked to maybe even more than 6 metres high, but where we were, there was no space”
Colonel Jacobs initially said the container could have been moved to another spot in the depot for proper search without impediments, but LT-COLSIBIYA later questioned the availability of such space.
“Colonel Jacobs said ... the container could be moved to another spot within the depot ... But you say it could not”
LT-COLSIBIYA and another officer, Mpangase, were in the parking area and observed the movement around the management offices, possibly identifying other places where containers could have been placed for inspection.
“myself and Mpangase, we were maine[d] in the parking, and then they went around to the management offices ... maybe they were able to identify other places that they could have placed a container”
LT-COLSIBIYA stated that the containers were stacked closely and the space between them was very minimal, making it difficult to lay all the bags and move within the containers for search purposes.
“even in between containers, the space was very minimal for us to be able to lay all the bags. It was going to be very difficult for us to move within the containers there”
As the containers were moved, machinery moved the top container to the side, then the next container to the other side, placing the container of interest to the side, but the space remaining was insufficient for counting and inspection.
“when they were moving the containers, they moved the top container, placed it on the side ... took the container that we were interested in, placed it on the side. Then the space there was not enough for us to be able to do the counting”
The space constraining the inspection was the space in front of the container door where the inspection was to take place, constrained by other containers placed around the container to be inspected.
“I am meaning the space in front of the container that we were about to inspect ... where the container is open ... It was the containers that were placed around the container”
LT-COLSIBIYA confirmed that machinery was moving in front of the container to then move to the other side of the containers, across from the door side.
“the machinery would be moving in front to the other side of the container ... That side is opposite where the doors are ... in front of the door, then it would be moving to the other side”
Some containers were being moved past the container of interest while LT-COLSIBIYA was there, but not necessarily those lined up next to the container of interest.
“They were moving other containers passing the ones that we were interested in searching ... Not necessarily the ones that were next to the one that we were about to search”
Lt-Col Sibiya insists ORS members were present and participating during the counting, disputing claims they only observed and left early.
“When we were counting drugs, I am still standing firm. They were there. I insist that they were there. According to my recollection, they were there up until we finished counting. Then they left. I think they were also waiting for a 13 number.”
There was an omission in earlier statements regarding the reason why exhibits were not kept at Isipingo police station; this omission required clarification.
“I think, Chair, it is an omission. That is why we tender oral evidence to clarify all other evidence or explain or elaborate more.”
Investigating Officer Captain Mashau requested LT-COLSIBIYA to make a clarifying statement regarding the events on the day of the seizure and storage of exhibits at Isipingo.
“He needed me to clarify, Chairperson, the issue of what happened on the day of the seizure when we went to Isipingo”
Warrant Officer Perumal, the SAP 13 clerk, was not agreeing with the statement that there was no space at the police station, which prompted the need for clarification.
“He indicated to me that Warrant Officer Perumal is not agreeing with what we are saying, that there was no space at the police station. So we needed to clarify more.”
There was a denial by Warrant Officer Perumal regarding the request for storage space at the police station, causing the investigating officer to seek additional clarification.
“I think, Chair, it was because maybe Perumal was denying the issue that the storage was requested. That is why he wanted me to clarify more.”
If the statement was not needed, it would not have been taken, implying that the clarifying statement was necessary and requested by the Investigating Officer.
“If they did not need this statement, they were not going to take it.”
Exhibit bags are normally placed at the boot of state vehicles and are requested at the station or office, but they are not easy to get, especially bigger sizes.
“We normally place exhibit bags at the boot of the state vehicles. We request at the station, sometimes at the office. Exhibit bags are an issue, and they are not easy to get, especially the bigger sizes.”
Warrant Officer Perumal said he does not have evidence bags, but LT-Colsibiya thought he spoke only for himself and not on behalf of the station.
“Perumal said he does not have evidence bags. I thought he was speaking for himself and I was also requested by Mpangase to go and check the bags at the CSC. That is why I went.”
LT-Colsibiya did not phone other police stations to source exhibit bags because Warrant Officer Mpangase had started completing the exhibit register (SAP 13).
“I could see that Warrant Officer Mpangase has started completing the register, the SAP 13 now. So there was no need for me to even think of trying to source for the exhibit bag because he already started entering the exhibit in the SAP 13.”
The chain of custody was intact as the exhibit was accounted for in Port Shepstone and the vault was locked following the transport of exhibits from Isipingo to Port Shepstone.
“the chain of custody was intact of the exhibit ... 541 was accounted for in Port Shepstone , and the vault was locked”
Exhibits were placed into forensic evidence bags only on the 23rd, although they were returned on the 23rd and left only on the 24th, and before that were not recorded in the system nor in evidence bags.
“We returned on the 23rd ... We put all the exhibits in the forensic bags . Then we left ... They were still not recorded in the system”
Lt-Col Sibiya asserts he was not aware of what was going on regarding the sampling and booking of the exhibits initially, which explains why he did not object to the procedure when it went wrong.
“you were none the wiser ... that is why you did not object to many of the things that went wrong ... No , I did not know”