No picture yet. Upload one or paste an image URL.
Mr Nku gave Chief Mashaba sufficient information including photographs, details of the truck, and license plate to take lawful steps to seize drugs by 8 July.
“he had given you sufficient information in order to do the operation follow-up”
Chief Mashaba claims he did not have details of the truck such as license plate and destination and therefore needed more information to act.
“I need the details of the truck”
Chief Mashaba required confirmation of the truck landing and truck details before acting on information about drug transport from Durban to Johannesburg.
“That the truck has landed, and if it has landed, give me the number plate, the details of the truck. That is all I needed from him”
Chief Mashaba acknowledged that according to Mr Nku, a truck from Durban to Johannesburg was transporting drugs, but questioned how Mr Nku confirmed this information.
“There is a truck coming from Durban to Joburg transporting drugs ... I do not know how he confirms that”
Chief Mashaba expressed he was waiting for positive confirmation that the truck would land on Friday before proceeding with action.
“I am waiting for the confirmation to say it will land on Friday”
Chief Mashaba only knew that there was a truck coming from Durban carrying drugs and was asked for assistance, without any additional information about the drugs or consignment size.
“He said to me, there is this truck coming from Durban, it is carrying drugs, can you assist?”
Chief Mashaba states he received information about the truck on Thursday but the detailed information about the truck was only given to him on Friday morning.
“The details of the truck, I got it on Friday morning.”
Chief Mashaba denies receiving detailed information about the truck on Thursday and clarifies he only got information on Thursday, not the details, which he received only on Friday.
“I did not say I had the details of the truck on Thursday. I said I got the information on Thursday. That is what I remember saying.”
Chief Mashaba states he treats information about a truck suspected of carrying drugs as sensitive and does not share such information with his team to avoid complications.
“Well, yes. ... It depend, because hence I am saying, I am treating it, it is sensitive information. I will not just say, look out for the truck, as if I am interested in, or doing business with such things. Hence I am saying, it depends.”
ADV Segels-Ncube accuses Chief Mashaba of not asking for the detailed information to activate the team to monitor the truck at the Heidelberg Weighbridge on Thursday night, even though he could have.
“You could have asked him for the details of the truck to get more information from him, correct? You could have. ... If you had gotten the information which you say you did not have, the details of the truck, the license plate, if you had elicited that information from him the Thursday night, you could have activated the team at the Heidelberg Weighbridge to be on the lookout for that truck, correct?”
Chief Mashaba admits he could have asked for truck details on Thursday night but says he did not think it appropriate to instruct his team based on sensitive info.
“I could have. ... No, you do not just say that. If I am saying, look out, be on the lookout for this truck, what is it doing, how about this truck? Look out for? ... Hence I am saying, it depends. I was not going to do it.”
Colonel Jacob considered the crime scene to be only the container, not the depot itself, and logistical challenges prevented moving or sealing up the container at the depot.
“My actual concern is the crime scene, which is the container. The depot plays no real role in anything. ... Do I seal up that container and take the whole container to another workspace? ... If this container was at the rear of a truck travelling on the N3 and we pulled over this truck, do I now say the side of the N3 is my crime scene ... My point being ... is the container. The depot plays no role ... I made a decision ... this is not an offence that required uplifting physical evidence from the depot.”
The report by Sergeant Ndou at 11:23:22 AM stated the truck was being escorted by police and it was not a hijacking, which differs from the original report of a truck hijacking.
“That report back that you were discussing now, you see where I am? That report back that you were discussing now is it is not a truck hijacking .”
The truck and container, with contents in between, were what was cordoned off.
“the truck and the container , and obviously the contents in between , were what was cordoned off”
Warrant Officer Phakula justifies impounding the truck that transported cocaine drugs as necessary for chain of custody and proper evidence management.
“as a vehicle that was used in transporting the drugs”
Warrant Officer Phakula admits it is police practice to confiscate the truck in all cases where it was used to transport drugs.
“In all cases, to confiscate the truck? Yes, it is”
The operation involved following a truck allegedly carrying or transporting drugs to Aeroton, at Omnia Industrial Park, where a container was supposed to be delivered to Scania Warehouse.
“We then followed the track until we reached Aeroton, Omnia Industrial Park, where the container was supposed to be delivered at Scania Warehouse”
The truck involved is a Scania truck, and the white panel is the front part of the truck, which is a complete structure without wheels and engine but with doors and windshield, needing assembly.
“Scania is a trucking company ... it is a complete structure but without wheels and engine, but the doors are there, only the windscreen and the axle, it still needs to be assembled”
The container is still attached to the truck and has not been offloaded.
“the container is still attached to the truck”
The bags fell off the truck when the doors to the trailer were opened.
“when you opened the doors to the trailer ... That is when the bags fell off”
A call was received at the 10111 centre about a report of a truck hijacking at a specific address, and the centre would call a vehicle close to the scene to respond and investigate.
“a call came through and in the 10111 centre they know where the vehicles are ... the 10111 centre would naturally call a vehicle close to the scene and say, please go and have a look, please respond, we have a report of a truck hijacking at this specific address.”
Bravo Sierra 2 had a conversation with Mr Mashaba and others and was told they were following the truck which was not a hijacking; eventually it was said at 11:23 that the police had escorted the truck themselves (Mr Mashaba and colleagues). Drugs were found in the truck, and the suspect was likely the truck driver.
“Then Bravo Sierra 2 responded and seemingly they then had a conversation with Mr Mashaba and company and they received the explanation of why are they following the truck and it is not a truck hijacking ... at 11:23 it was said that they have indeed escorted the truck and the police, by the police, in my opinion, refers there to themselves, Mr Mashaba and the people ... they found that there were drugs inside the truck and they were of the view that the suspect in this case would be the truck driver himself.”
There are two different registration numbers shown in exhibits related to the truck, causing difficulty in accepting that the truck shown is the subject of the sale.
“Without an explanation why we have two different registration numbers, I am unable, speaking for myself, to accept that this is the truck that, in fact, is the subject of the sale.”