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Statement in report that ORS members witnessed the seal being broken is factually incorrect, as confirmed by evidence and statements of Govender and Colonel Jacob.
“The container was open. The seal was broken in the presence of ORS members. We now know from other evidence, including that statement of Govender, but we also know from Colonel Jacob who has accepted that ORS members were not present when the seal was broken.”
Adv Sello clarifies that the statement implying ORS members were involved in the operation is factually incorrect.
“And perhaps I should clarify to General Senona and his team that the statement as couched creates an impression that the operation involved ORS members. And I am saying from the evidence tendered before this Commission, that is factually incorrect.”
Adv Baloy explains to Senona that the statement in the report about ORS members witnessing the breaking of the seal is factually incorrect.
“A statement that says to General Mosikili the seal was broken in the presence of ORS members is an incorrect statement, right? ... that statement is incorrect factually, because members of ORS tell us in their statements, and Jacob accepts that, that they did not witness the breaking of the seal. They were just brought in to transport, to provide transport.”
All members from the ORS arrived after the seal was broken at the harbour depot.
“all the ORS members, they came after the seal”
Colonel Jacob stated that the ORS members were not part of the operation but were limited to providing transport upon request.
“The role was limited, if I may put it that way, Commissioner... they were not part of it, I can concede that, Commissioner.”