MR DU TOIT
No, because he instructed the special constables to attack in accordance with an order he was given, and I don't see what happened after that as not falling within.  It is the direct result of an order.  It is the direct consequence of the order.  It is - the order is what brought the action in movement, and that is why the Act does not require that the victims should be of a political party, but that the act should be primarily directed at a political opponent.  Otherwise the Act would have required that the victim should have been a political opponent, which the Act does not do, because the Legislature perceived the situation where, under the abnormal circumstances, an order can be directed at target A, the conduct of the officer in instructing on the ground can be directed at A.  Something may go wrong and innocent people in the process may be hurt or even killed, as tragically happened here.  But that is why the Legislature specifically requires that it is the aim which should be primarily directed at the political opponent, and not that the victim should objectively physically be the political opponent.  So, at worst for my client, if the target was not that specified in the order it will make no difference, because in accordance with the criteria as set out in the Act he will remain entitled to the amnesty.
	/It does
It does not say that the victim or the object should be a political opponent, but that it should be primarily directed at a political opponent or State property or person, or against, whether it was primarily directed at the political opponent or private property or individual.
I therefore believe, with respect, Mr Commissioner, that the question as to whether the target is in conformity with the actual order will not arise.  My client sought the achievement of a political objective, and that is what both the Constitution and this Act have in mind, namely to, even under unthinkable circumstances like this, women and children killed, to accept that in the abnormal situation horrendous offences were committed, and that provided that the aim or the objective was political that there should be an approach which is alien to the criminal justice system, namely to release or to prevent the criminal justice system from coming into operation by bringing about early release.