Publication: The Star Issued: Date: 2003-11-21 Reporter:

Mo Shaik Threatens to Walk Out

 

Publication 

The Star

Date 2003-11-21

Web Link

www.iol.co.za

 

Mo Shaik became emotional and angry when his torture while in detention was raised at the Hefer Commission.

He threatened to walk out if he did not receive an assurance from evidence leader Kessie Naidu SC that he would "respect" his experience.

Naidu, cross-examining Shaik just before the lunch adjournment yesterday, referred to it as a prelude to asking Shaik about the reliance that could be placed on statements made under duress.

This is what transpired:

Naidu: Mr Shaik, you have had a lot of experience of being detained by the Security Branch.

Shaik: Yes.

Naidu: You were tortured and treated in a most inhumane manner...

Shaik: The torture in detention of detainees is a very humiliating experience (overcome with emotion).

Naidu: But I'm not asking about it, Mr Shaik. Just a yes or no.

Joos Hefer: Let's hear what the witness wants.

Shaik: For my own composure and for the memory of those who... I ask counsel not to refer to my torture in any humiliating way. If he does ... if you do refer to my humiliation, I will leave this place and offer no further assistance to this commission. Mark ye my words, good sir.

Naidu: Mr Shaik, you are overreacting because I didn't give you the slightest suggestion...

Shaik: It was a humiliating experience of which you have no experience. So you respect it.

Naidu: There was no hint of my referring to your torture...

Shaik: You must respect it. Give me your assurance that you respect it.

Naidu: Mr Shaik, I give you no assurance about anything. But answer my next question.

Shaik: He will not respect it. He will not respect it.

Naidu: Mr Shaik...

Shaik: If you do not respect it, I leave now (bangs both hands on table). If you do not respect it, I leave now.

Naidu: Mr Shaik, look at the statements you referred to in your evidence.

Shaik: I am asking you for a simple assurance.

Naidu: Yours is not to ask questions. It is mine. Look at the statements that you have referred to in your evidence, the statements of the witnesses in the (Patrick) Maqubela trial. Is it your contention that the statements reflect the truth of what all these witnesses told the security police?

(Shaik unresponsive)

Hefer: Could we resolve it this way? It is understandable that Mr Shaik doesn't like to be reminded of a very rough time in his life. So just bear that in mind and be sensitive in the way you ask him about that.

Shaik was detained in 1985 along with his brothers and father, and was brutally tortured.

With acknowledgement to The Star.