Below are a few of the questions that were adressed to the Head of Detective services by my PI that need to be answered.
We also need answers from the investigating officers, the head of detectives - Assistant Commisioner Taioe, the commissioner of police and the Minister of Safety and Security, Charles Nqakula (Click on this link to see his interview on Carte Blanche)
The questions below, plus many others are still unanswered.
I have left out some very MAJOR questions relating to discrepancies in statements from Jay’s friends, and other people that could hamper any further investigations that I sincerely hope will take place after divulging the disgraceful investigation that was conducted, as laid out below.
These questions were sent to the Head of Detectives by my Private Investigator on 17 November 2005 and have NEVER been answered. The only answer ever received, from the head of detectives - Assistant Commisioner Taioe follows these questions
1.
In a statement from INSPECTOR WERNER EKSTEEN he states, that on his arrival, at approximately 03h45, he found two persons at the scene, but due to the fact that they claimed to have seen nothing, heard nothing and knew nothing he did not take down any particulars (writer believes that if these facts are correct this Police Officer failed in his duty in regards to basic Investigative Principals).
For all we know these two persons could very well have heard something or seen something in regards to the incident. The Inspector further in his statement does not record on paper how he came to be at the scene.
2.In a statement from INSPECTOR WILLEM RAS, stationed at the Criminal Records Centre, made on the 27th August 2002, in which he states, he took two photo’s of the deceased’s Opel Kadette (WRITER WOULD LIKE TO SEE PHOTO’S, WHICH ACCORDING TO STATEMENT, CONSIST OF OPEL KADETTE REGISTRATION XXXXXGP AND EXHIBITS FOUND INSIDE THE VEHICLE).
Secondly on the 25th August 2002, a number of photos points A to E were taken and writer would like to see these photos.
It is of interest to note that according to INSPECTOR RAS he found hair specimens, pips and cigarette butts, which were sent to Forensics in Pretoria. Writer would like to know the results.
He makes no mention of a baton with blood on it.
3.In A17, a statement from RESERVE CONSTABLE ANDRIES NEETLING, force number 2035230-1, he makes no mention of meeting INSPECTOR EKSTEEN and says that he found no witnesses.
Writer does not understand how at 03h45 EKSTEEN arrived at the scene and found two males, from statement race, age, nationality not mentioned.
4.In A29, SUPERINTENDENT L. H. FRAZENBURG, of the Pretoria Forensic Science Laboratory, states in point 5, there is no control samples to compare the exhibits with.
Writer enquires why was blood samples in A21, not used as a comparison and in point 6, FRAZENBURG states, presumably blood was detected on the piece of wood and will be kept in safekeeping. Surely it’s FRAZENBURG’S job to analyse these marks to ascertain whether it is blood and what type.
Writer would like to know why SENIOR INSPECTOR MARIANA ENGELBRECHT, the first Investigating Officer attached to Honeydew Police, only on the 27th August 2002, accompanied by INSPECTOR WERNER EKSTEEN, inspected the vehicle and took photos.
This should have surely been done at the scene or at the very latest the next day.
Writer would also like answers in regards to why no further Investigation was done in regards to the found wooden baton and it was only on the 22nd September 2003, that a CAPTAIN NAICKER took possession of this club.
Writer would also like to enquire whether during the autopsy the deceased’s hands were inspected for bruising, in regards to having been used to defend himself in a fight. This also should have included the deceased’s fingernails being examined for human skin from an assailant or fibres ripped out by the deceased, as he fought his assailant while being pushed over the bridge.
I do not believe this would have been done but would like to hear the Police and Attending Pathologists explanation as to why not, if it was not done.
5.In A31, the statement made by DETECTIVE INSPECTOR WERNER EKSTEEN he states and I quote “a statement made by the previous INVESTIGATING OFFICER DETECTIVE INSPECTOR MARIANA ENGELBRECHT is filed under A28”. In actual fact A28, is a statement from a certain XXXXX.
There is however, a second A28, which is INSPECTOR ENGELBRECHTS statement, in which she states, she received the docket Honeydew Mas 946/08/2002 manslaughter on 26th August 2002, the day after the incident for further investigation.
In her paragraph 13, the Inspector states that she and INSPECTOR EKSTEEN inspected the inside of the deceased’s vehicle before it was handed back to his mother. But the deceased’s father claims that he and XXXXX themselves both saw the baton in the vehicle and are prepared to swear to this under oath.
Writer recommends that if this is the case, sworn statements should be obtained from XXXXX and MR JACK HIRSCHBERG in this regard, and then followed up.
In paragraph 15, the Inspector claims that XXXXX told her after the funeral, that he was very happy, as to the thoroughness of her investigation. He followed this up with a personal letter.
The deceased’s father MR JACK HIRSCHBERG however states this is a lie, because XXXXX had already returned to XXXXX.
6.In A24, a statement from JOHAN MARIUS DU PLESSIS made date and time unknown, he states that his wife (Jay’s mother) handed him a tracksuit pants and wooden baton with a report. He then contacted the Investigating Officer, but does not say when, where and to whom these items were handed over to.
Writer would like to know on what date and time was this statement taken, and on what date and time, were the items handed to a member of the SAPS.
7.In A25, a statement by DETECTIVE CAPTAIN TILLY NAICKER force number 0637489-1 states, that on the 22nd September 2003, 13 months after the incident she received a baton and an item of clothing from MR DU PLESSIS.
The Captain does not state what she did with these items, nor does she state that she took a sworn statement from either DU PLESSIS or MRS REGINA DU PLESSIS, the deceased’s mother in this regard.
Writer would like to know why not?
Writer would also like to point out that the official Police stamp states 22nd of June 2004, 7 months after she took possession of the exhibits.
In writers opinion, this statement should have been made by the Captain at least by the next day.
8.In A26, a statement from MRS REGINA DU PLESSIS the deceased’s mother, she claims that approximately one week after the incident, she took possession of her son’s motor vehicle and found a wooden baton, which appeared to have blood attached and a green tracksuit pants inside the car.
She then contacted the INVESTIGATING OFFICER, INSPECTOR ENGELBRECHT, who appeared uninterested in this finding.
Later, INSPECTOR EKSTEEN contacted her and informed her that he was the new Investigating Officer, he was then informed about the exhibits.
EKSTEEN stated he would have the exhibits collected.
From October 2002 to 22nd September 2003 this did not take place.
Writer would like to know why not?
On the 22nd September 2003, they were eventually collected by CAPTAIN NAICKER.
Writer would also like to point out that statement A26 has no date, time or Commissioner of Oaths stamp affixed.
9.My client, in a letter to MRS KAU, a Roodepoort Magistrate, dated 15th October 2005, requested to know what became of the statements made by his sons MORRIS (Maurice) HIRSCHBERG and WAYNE HIRSCHBERG. He also wanted to know why the host of the party and other guests were never interviewed, if for no other reason, as to get an idea of the deceased’s state of mind at the party.
(For clarification, Mrs. Kau sent the docket back to Eksteen for further investigation. What was requested and what was answered has not been stated to me at any time)
Read the reply from assistant commisioner Taioe, the same person who made an appointment with Carte Blanche for an on-camera interview, and then broke this commitment and did not show up.
Also read:
For the record:
I am Jack Hirschberg, Jay's father. I am a staunch South African expat residing in the UAE. If you come into my home you will see South Africanisms all over my home. I am proud to be a South African, and will continue to defend my country in any whay that I can, and promote it to everyone I meet. I love South Africa. However, I despise what is happening to my country. The total ineptitude of those who are supposed to protect the people n our country, but are turning it into just another third-world African country kills me. I am standing up for my rights.
