MR DIAZ
Page 90 Mr Chairperson.   The Chairman and Honourable Committee members will note that immediately preceding page 90 of the Judgement, the learned Judge had dealt at some length with the testimony that I caused to be adduced through these two witnesses namely, Mrs Mkhize and Mrs Kuzwayo and having dealt with that, arrives at the conclusion that their testimony must be accepted and says the following on page 90 from line three onwards
"The Mrs Kuzwayo referred to, Mrs Pelisiwa Kuzwayo confirms the evidence of Mrs Mkhize about the latter's reaction at the cells and her emotional disturbance.  She did not hear anything that number one accused said - number one accused being the applicant here said - but she confirms that others went around when she took Mrs Mkhize to the front of the court.  She stayed and comforted Mrs Mkhize.  I have already indicated that our view of Mrs Mkhize that she was an outstanding reliable witness and we 113 accept as truthful the other witnesses who gave evidence in this regard".
	In that regard I submit respectfully that, that last paragraph of the Honourable Judge's judgment ...(inaudible) records the finding I would like this Honourable Committee to record.  Just lastly, insofar as the evidence of the applicant is concerned, I would criticize his application to the extent that I endeavour to defeat his credibility by using the same learned Judge's comments on page 91 up to page 92 of the judgment, from the middle of page 91 where the learned Judge says the following:
"Accused number one gave evidence, he was a thoroughly mendacious witness, his demeanour was shocking.  He contradicted himself, he changed his instructions to his counsel with no satisfactory reason given and it is patently clear from the record and patently clear to us that the conspiracy that he spoke of was a fabrication.  From his counsel one would expect the best testimonial of his evidence before us that he could get and this is what Mr Steyn on his behalf said rightly, in our view
It is submitted that one should have approached accused number one's evidence with the utmost circumspection.  This means I submit, that each fact of his version must be examined with suspicion against the background of all the facts of his case".