/ 10 September 1998

Prospector trusted Ferdi, court hears

OWN CORRESPONDENT, Pretoria | Thursday 10.30pm.

A DIAMOND prospector who was robbed of R10,8-million’s worth of diamonds by former Civil Co-operation Bureau policeman Ferdi Barnard told the Pretoria High Court on Thursday that he had trusted Barnard and had not expected to be robbed.

Barnard — who is serving a life sentence for the murder of anti-apartheid activist Dr David Webster — was sentenced to 10 years’ imprisonment by a Klerksdorp regional magistrate in January for robbing brothers Deon and Marius Nel of 829 uncut diamonds, representing 2401 carats, at the Kemonati Hotel in January 1995.

A co-accused, Vivian Beukes, was also sentenced to 10 years, while a third accused, Corrie Goosen, died during the course of the trial.

The Nel brothers and their father, Ottosdal farmer Fanus Nel, have instituted a R10,8 million damages claim against the Minister of Safety and Security. They allege that after the robbery, Goosen was removed from police cells by his brother and taken to the scene of his arrest near Ventersdorp, where he recovered the diamonds and handed them to either his brother or another unknown person.

The Nel family claims officers from the Vierfontein police station were either bribed to allow Goosen’s brother to take him from the cells, or were negligent.

They said police should have known the diamonds might be hidden at the arrest scene, and should have taken steps to guard the scene.

In court papers, the Minister of Safety and Security questioned the legality of the business run by the Nels. Police claimed the Nels were involved in illegal transactions with Barnard and his partners, and that any loss suffered was the result of their own criminal actions.