MR VISSER
Mr Chairman, with respect, their interest is this.  Should this Committee find that the two present applicants were in fact the people who perpetrated the offence, by necessary implication, they are implicated in defeating the ends of justice, because Mr Chairman, there is a piece of evidence which you will hear about, and that is this; after the trial commenced, the defence attorney and counsel, who was Mr Denzil Potgieter, approached the State advocates, who appeared for the Attorney-General with a witness and that witness, by coincidence, is Mr Smiles, who is an applicant before you here.  Together with an affidavit that had been made and signed by Mr Smiles, in which he assumed the guilt for throwing the hand-grenade.  The State chose not to follow the suggestion by Mr Denzil Potgieter to release the two accused and to charge Mr Smiles.  As a result of that, Mr Chairman, Smiles was told to go away by the Attorney-General and the case proceeded.  During the trial Mbaqa gave no evidence in his defence, and in fact, no defence was put to any witness, apparently.  Nkhohla had an alibi, Mr Chairman, and that alibi was rejected.
	The important thing here is this; during the investigation by my clients of the case, Nkhohla made a pointing out and a confession.  The confession was cryptically "this is where I stood when I threw the hand-grenade".  We say this, Mr Chairman, unless Nkhohla is here to give that evidence you cannot decide on the truthfulness of any of their evidence.  Clearly, my clients are implicated, because if the present two applicants give evidence which is truthful, then my clients have all committed to a more or a lesser extent, some act in order to defeat the ends of justice.  Apart from the allegations of assault, et cetera, which have been made during the course of the trial.