/ 17 October 2005

Organised-crime accused received ‘shock treatment’

One of 11 accused in a case possibly linked to the kidnapping of a young boy in Ennerdale, Johannesburg, was allegedly subjected to ”shock treatment” in prison near Cape Town at the weekend.

Defence counsel Leigh Thompson, for accused Vernon Noel Victor, told the Cape High Court Victor needed urgent medical attention, which had been arranged with the prosecutor.

Thompson alleged the shock treatment was administered by prison officials.

He said Victor was to be moved from Pollsmoor prison, but needed to know whether he was going to another prison or to police cells.

Thompson said Victor merely wanted the court to know about the alleged assault, but not to do anything about it, as Victor would lay a criminal charge at the appropriate time.

The case, before Judge Lee Bozalek, is the first of its kind in the Western Cape under the Prevention of Organised Crime Act.

The 11 accused have pleaded not guilty to 25 charges of hijacking cigarette-laden delivery vehicles belonging to the British American Tobacco Company.

They face seven charges of kidnapping, six of theft, four of aggravated armed robbery, three of money laundering, two of racketeering, two of illegal possession of a firearm and ammunition, and one of attempted murder.

The case made headlines last week when 10-year-old Liam Aspeling — son of Vernon Aspeling, a former accused in the case who has turned state witness — was kidnapped, but returned safely to his family.

Speculation was that Liam had been kidnapped last week in an attempt to silence his father.

Because of Victor’s need for medical treatment, the case, which was supposed to have continued on Monday, now only continues on Tuesday.

The case was also delayed to give a new member of the defence team, Saliem Banderker, time to study the record.

Banderker, appointed by the Legal Aid Board, represents two of the accused, and replaces Peter Mihalik, who withdrew for financial reasons.

Tuesday’s proceedings may develop into a ”trial within a trial”, in which the defence team challenges the validity of arrest warrants. No details were given at Monday’s proceedings.

Meanwhile, three men appeared in the Vereeniging Magistrate’s Court charged with the kidnapping of Liam Aspeling, Gauteng police said.

The boy was snatched from in front of his mother’s home in Ennerdale on Tuesday. He was found, reportedly by a private investigator, in a house in nearby Freedom Park and reunited with his family on Wednesday.

Jacob Themba Sishange (27) and Phamuel Filane (25), both from Soweto, and Elton Serdihe (28), of Kliptown, were taken in for questioning on Friday.

They remain in custody and will next appear in the same court next Monday.

Police spokesperson Senior Superintendent Mary Martins-Engelbrecht said no further information can be made available at this stage.

The investigation is continuing and more arrests are expected, she said. — Sapa