CAPE TOWN 18 October 1999 - SAPA

FATHER TELLS TRC HOW POLICE SHOT HIS SON

A father told the Truth and Reconciliation Commission's amnesty committee in Cape Town on Monday how he heard the shot that killed his son while he was reporting an earlier shooting at a Western Cape police station in 1985. Stefaans Dyasi was testifying in the hearing in which security policeman Michael Phillip Luff is applying for amnesty for shooting 17-year-old William Dyasi in Zwelethemba township near Worcester in November 1985. Dyasi said he was called to a shack in the township on the night of November 3 and found his son lying wounded on the floor. He said his son was in great pain and he noticed blood and shotgun pellets in his mouth. Dyasi said his son told him he had been shot by two policemen. He said he went to the nearby police station to the report the shooting and while he was there he heard another gunshot and went back to find his son lying dead in the street. Luff told the committee he had identified Dyasi as the leader of a group of youths who were stoning the local community hall and fired a shot at him in an attempt to subdue the crowd. Luff said he later searched the area and found Dyasi lying wounded in a hut. He disputes the account of the boy's father that he was too badly injured to walk and claims he led Dyasi away by the arm. Luff claimed, however, that Dyasi broke free. Luff fired a shot in his direction in an effort to stop the youth from escaping. He said he did not intend killing Dyasi who was struck in the lower back with a lethal SSG shotgun cartridge. Luff said he regretted the shooting and asked Stefaans Dyasi to accept his apology and asked for forgiveness. Dyasi replied that he would have considered forgiving Luff if had made earlier efforts to contact him to explain the shooting and to apologise, but he had heard nothing since the night of his son's death. Dyasi, who wept during the hearing and had to be comforted, said he did not believe Luff was telling the truth about the shooting. He said he did not accept that his son was in any condition to walk after the first shooting and therefore did not agree with Luff's allegation that he had led the youth away. During his testimony, Luff described conditions in townships at that time and said he was "all out war, in every sense of the word". He said policemen were regularly shot at and petrol bombed, and on many occasions he feared for his life. He said his decision to fire the shot that killed Dyasi had been taken in a split second and the consequences had haunted him ever since. He explained his failure to make contact with the family of the youth on the grounds that it could have been interpreted as an attempt to obstruct the course of justice. Committee chairman Judge Denzil Potgieter said the committee would consider the application and make known its decision in due course. More amnesty hearings are to be held in Cape Town over the next two weeks.
© South African Press Association, 1999
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