UNKNOWN
That is correct with regard to that particular incident.   We will deal at a later stage with the perjury which occurred on the Saturday.   With the regard to the assault on the particular day of the 6th of September, it was in fact delimited to what you have sketched.
      I want to invite your intention to Section 20(2) the question about an offence or delict.   It is not necessary to elaborate on the meaning of this.   In the applicant's application the offences were set out in detail in respect for which offences amnesty are applied for.   It is respectfully submitted that any competent verdicts in terms of Section 256-279 of the Criminal Procedure Act 51 of 1997, falling under the offences should be incorporated as well as other offences not specifically identified, but which appear from the facts.
      Furthermore, amnesty should also be granted in respect of any act which could be regarded as a delict, and therefore amnesty should be granted in a wide manner, referring to the specific act or omission in respect of civil liability.   Section 20 provides for the granting of amnesty in respect of an act, omission or offence.   Criminal Law pertains to the last mentioned.  In respect of Civil Law, amnesty should be granted in the widest possible terms, with reference to the act or omission.   
	It is therefore submitted that amnesty should be granted in respect of any delict which could arise from any act or omission committed by the applicant, as referred to in the facts of the application, and the evidence pertaining to each and every application.
      Mr Chair what I attempt to say in this, is that it is not only the events of that morning of the 6th September which has to be considered, but also those events of the afternoon after two with regard to Mr Beneke.   You will recall that at about two o'clock he returned to duty and Sergeant Nieuwoudt and himself were given the instruction to guard the late Mr Biko.   The testimony of Mr Beneke was that immediately at two o'clock he gave instruction to Niewoudt to report that Biko required medical attention.   I am not here to make - to argue a case against my client, but it could be argued that a reasonable person might well have made more incisive inquiries with regard to the granting of medical assistance to Mr Biko because the fact is that Mr Biko was still partly unconscious during the course of that afternoon, between two and four o'clock in the afternoon.   There is only a single report with regard to the quest of medical attention.   There is no testing with regard to whether this had been attended to.   It might well be that under particular circumstances it could be argued that there is in fact delictual culpability.