Affidavits handed into the Cape Town Magistrate's Court yesterday alleged that George De'Ath was killed by witdoeke vigilantes acting under orders from or with the compliance of police.
This evidence was advanced at a preliminary hearing by Jeremy Gauntlet, the advocate acting for De'Ath's family. If it were accepted, it could lead to an inquest finding that culpable omission on the part of the South African Police led to the cameraman's death.
An affidavit from Andile Fosi, the sound man who was with De'Ath at the time of the fatal attack, suggested that the video tape in De'Ath's camera had been obliterated by an editing machine, Gauntlet said. Fosi said De'Ath had been filming right up to the moment when he was attacked. Two tapes had been returned to the TV company by the police, he said.
Ian Robbie, an experienced TV cameraman and editor, said in another affidavit that one entire tape consisted of a freeze frame and a man with a megaphone. Robbie's comment was: "I do not see how De'Ath could have accomplished this with his camera."
The inquest magistrate, SJP Marais, refused Gauntlet's application for oral evidence to be called at the inquest. Gauntlet argued oral evidence would assist the magistrate in establishing who had been responsible for the fatal attack on De'Ath, who died in Groote Schuur Hospital a few days after the incident on June 10 last year.
Gauntlet gave notice that he proposed asking that the magistrate's decision should be reviewed by the Supreme Court.