A Dry White Season Page #14

Susan kisses Ben tenderly.

INT. COURT ROOM -FIRST DAY OF INQUEST -DAY

The inquest of Gordon Ngubene... conducted by MAGISTRATE

KLOPPER. In the witness box is DR. JANSEN, the state

pathologist, giving evidence. Advocate DE VILLIERS is

cross examining.

DE VILLIERS:

Dr. Jansen, you are a state

pathologist of many years

standing and I have no doubt a

well-qualified pathologist.

Could you now please tell us

what caused the death of the

deceased?

DR. JANSEN

I found that death had been caused

by the application of force to

the neck, consistent with

hanging.

(CONTINUED)

75.

CONTINUED:

There's a vigorous reaction to this around the court,

which gives us a chance to discover the crowd:

In the white section of the public gallery are Ben and

about eight other whites.

The black section is filled to capacity with a few standing.

In the front row is sitting Stanley next to

Margaret. At the entrance, a white policeman.

In the press section are several reporters; amongst them

Melanie Bruwer the Rand Daily Mail reporter.

Colonel Viljoen and several policemen are sitting around

the court.

DE VILLIERS:

You are sure about the hanging?

This pressure on the neck, could

it also have been exerted in other

ways?

DR. JANSEN

It could, but it is not for me

to speculate.

DE VILLIERS:

Of course not, Doctor. The list

of injuries found on the body was

horrifyingly long; bruises,

swellings, abrasions, broken rib,

lacerations, etc. How long before

death do you estimate he received

these injuries?

DR. JANSEN

I couldn't say exactly.

DE VILLIERS:

Roughly.

DR. JANSEN

Some were fourteen to twenty days

old, others three to four days and

others even more recent.

DE VILLIERS:

Even more recent. I see. I

understand you had a Dr. Hassiem

present at the autopsy.

DR. JANSEN

That's correct.

(CONTINUED)

76.

CONTINUED:

DE VILLIERS:

There were two reports, ours and

his. Did they tally?

DR. JANSEN

Yes, it was. In most respects.

ON Stanley listening.

DE VILLIERS:

Isn't it normal practice to have

one report? Why did Dr. Hassiem

decide to draw up a separate

report? If he really co-signed

yours.

DR. JANSEN

That's for him to answer!

DE VILLIERS:

I would very much like to, Dr.

Jansen, but he's been detained -you

know of course that he

represented the Ngubene family.

Thank you.

There's a murmur around the court... Ben looks across at

Viljoen who returns his gaze --smiling.

CUT TO:

DR. HERZOG

the police physician, giving evidence.

DE VILLIERS:

Dr. Herzog, did you examine the

deceased?

DR. HERZOG

Yes, one day Captain Stolz called

me in. The man had toothache.

DE VILLIERS:

(aggressive)

That's all?

DR. HERZOG

(uncomfortable)

As far as I could tell --yes.

(CONTINUED)

77.

CONTINUED:

DE VILIERS:

You didn't examine him thoroughly?

DR. HERZOG

Why should I? The man was

perfectly healthy, just

complaining of toothache. I

extracted three decayed teeth, and

gave him aspirin for the pain...

that's all.

DE VILLIERS:

Did the captain or anyone else

assist you during the examination?

DR. HERZOG

(hesitates)

I... I cannot remember.

DE VILLIERS:

(more aggressive and

accusing)

Dr. Herzog, tell us. Have you

been intimidated by the Security

Police or did you deliberately

cooperate with them in playing

their disgusting little game of

hide-and-seek?

LOUW:

(jumping up from his

seat)

I protest, Your Worship.

MAGISTRATE:

Advocate De Villiers, will you

refrain from insinuations?

DE VILLIERS:

Thank you, Doctor Herzog... I'm

sure Gordon Ngubene was extremely

grateful!

Herzog's face is impassive.

ON crowd reacting.

MAGISTRATE:

Advocate Louw?

During the hubbub De Villiers and the state advocate

trade places. The courtroom is quiet.

(CONTINUED)

78.

CONTINUED:

LOUW:

Thank you, Your Worship. I'd

like to call Captain Stolz.

There's a buzz from the spectators as Captain Stolz walks

up to the witness stand. He's given a Bible.

ON Ben --watches him.

CLOSEUP -STOLZ

In witness box, swearing in Afrikaans.

LOUW:

You're a police officer stationed

at John Vorster Square?

STOLZ:

That's right, Your Worship.

LOUW:

You arrested Gordon Ngubene.

Could you describe what happened?

STOLZ:

Acting on information we had

received, I went to the house of

the deceased, accompanied by

Lieutenant Venter, Lieutenant

Botha, and three native members

of the security force. This was

about 10 P.M. I informed Ngubene

that he was under arrest under

Article 6 of the Terrorism Act.

He then became violent and resisted

arrest. A certain force had to be

applied to restrain him.

ON Stanley listening.

ON Ben listening.

STOLZ:

We found several incriminating

documents. These pointed to his

involvement with the A.N.C. and

activities endangering the

security of the state.

79.

ON Ben looking at Stolz, and shaking his head, bewildered.

LOUW:

Was the deceased ever assaulted to

your knowledge?

STOLZ:

Never. He was always treated with

courtesy and correctness. But,

one time we had cause to use force

against him. It was the day before

his death. The deceased suddenly

showed signs of aggression. He

tried to jump through the open

window of my office. He was

acting like a mad man. It took

six of my men to restrain him,

and he had to be manacled hand

and foot, for his own safety.

But once he calmed down, he was

ready to make a statement about

his activities. The next morning

we found him dead in his cell.

MAGISTRATE:

Is the statement in evidence?

LOUW:

No, Your Worship. It can't be

disclosed in court without

damaging our investigation, but

I would like to offer into

evidence a suicide note written

by the deceased.

Louw, taking it from his file on the table.

Stanley and Margaret listening.

LOUW:

'Dear Captain. I prefer to die

rather than betray any more of

my friends. Amandla! Gordon

Ngubene.'

He hands it to the court clerk. There's uproar at this.

LOUW:

Thank you, Your Worship.

MAGISTRATE:

Advocate De Villiers?

(CONTINUED)

80.

CONTINUED:

Ben is disgusted. He looks about the court, as if seeking

allies. His eyes meet Melanie's --just for a second

there's recognition --then he returns to De Villiers.

Advocate De Villiers cross-examining Captain Stolz.

DE VILLIERS:

Thank you, Your Worship. Captain

Stolz, you said you treated the

deceased always with courtesy and

correctness, then how do you

account for the injuries found on

the body?

STOLZ:

Sometimes detainees deliberately

injure themselves for propaganda

purposes.

The gallery screams its objections. Stanley leans forward

and grins across the partition at Ben. The Magistrate

warns the crowd. Finally the gallery quiets down.

DE VILLIERS:

You say he tried to jump out of

the open window... Are there no

bars to prevent such an act?

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