In professional settings, particularly law enforcement, making assumptions without verification and failing to document decisions properly can lead to serious accountability issues; proper procedure requires thorough investigation, verification of available options, and accurate documentation of all significant decisions to maintain transparency and trust.
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MADLANGA IS ANGRY! Colonel Gavin Jacob Under Fire At Madlanga Commission About The Missing Cocaine追加:
congested can it be?
These are not just alongside each other, but they are against each other.
So, how much more congested can it be?
>> Meaning commissioner, in front where you open the doors, there was a of of a container.
>> There was a what?
>> The doors of your container.
I would say, now I'll be estimating, chair, but maybe there was a 2-m 3-m or maybe 2-m just over 2-m space in front of it where there was I'm not sure whether it's a fence or some kind of boundary type thing where and then you've got a area that you've got your highsters driving up and down.
You've got uh machinery moving throughout. It wasn't a place like this where now that I realize it it wasn't a designated area for an examination of a container.
It did not seem and since I was not familiar with this warehouse, I just let it slide. I just let them place it down there. I was not familiar with the layout, but it was definitely much smaller, much more congested >> The many The many things you are referring to, were they on the door side of the container?
>> Yes, if you open the door, chair, that's what I'm saying. In front of it, maybe there was a 2-m just over 2-m space, a little area. That That is why I said there was machinery passing around.
It's a thoroughfare area. It wasn't a a designated area for examinations.
>> That can never be justification for you not even asking where the storage space was available. You never asked.
You never ever asked.
All of the things you say can never be justification justification for not asking. They cannot be You made You simply made an assumption that there was no storage.
You assumed that there was no storage.
Am I correct? You assumed.
>> Uh no no, uh chair, this is >> You assumed because you never asked.
It's as simple as all that.
Did you ask?
>> Uh chair, the uh >> Did you ask?
>> No, I did not ask.
>> So, you assumed.
>> I knew it would become a problem in the future.
>> You assumed that they could not store the suspected container. Is that correct?
>> That is correct.
>> Why did you make such an assumption on so on so serious a matter?
>> Chair, when I escalated it to the brigadier's level, >> Why did you you you you you escalated escalated escalated it because in paragraph 30, you already took this very strange view that you had {open quote} exhausted all avenues {close quote} for storage. And yet you didn't. You simply made an assumption.
Is it factually correct that you had exhausted all avenues? Is that factually correct?
>> It's not factually correct.
>> So, how Why did you say it to your superiors?
>> Uh okay.
>> And why do you continue to say it in your affidavit?
Why did you say that?
>> Chair, the reason I say it is because of the closest stations that were there were Brighton Beach, >> I'll tell them to you. They were Durban Central, Brighton Beach, Maydon Wharf.
And how far is m- below? There was also m-below. How far is that?
>> Yeah, m-below is not far, uh uh chair.
>> Give us kilometers.
>> I I I can't estimate, but more or less the >> We know the furthest or the farthest was We know the farthest was 24, and then there was 20, and there was lesser.
>> Yes.
>> That's about the three we spoke about yesterday.
>> Yes.
>> So, Umbilu, would you say is within the 24 downwards also?
>> I would say so, chair.
>> So, we basically talking four, and in respect of all four, you simply made an assumption, and you incorrectly state it as a fact that you had exhausted all avenues. How could you say you had exhausted avenues when you made when in fact you simply made an assumption?
>> Yes, I I did. But, chair, if I may just explain about even Umbilu station.
Right, I'll give you a practical example, chair. Maybe it'll help shed some light.
I think it was 900 and something kilos that was seized in the area.
And I think it was the very next day that somehow the lab took uh reception of these exhibits.
But, those exhibits as well were stored in a unused cell, a single brick layer cell.
That's nearly a a thousand kilograms of cocaine in a single cell.
And the station could only accommodate it for a limited period of time. That is why those measures were taken, and somehow the lab managed to accommodate, and it was sent within a short while to the FSL in Pretoria.
So, I'm saying >> For for for for argument's sake, let's leave out Umbilu.
And look at Durban Central, Brighton Beach, Maydon Wharf.
For all you For all you knew at the time, they could well have had space.
>> Chair, I knew Durban Central >> You did not know for a fact that they did not have space, did you?
>> I knew they were complaining about our exhibits.
>> No, no, no, no, no, I'm not talking about complaining. You did not know for a fact that they did not have space.
>> I did not phone them to inquire, chair.
>> And yet you say you had exhausted all avenues.
So it was an incorrect to say you had exhausted all avenues.
>> In [clears throat] my >> And you see you see the thing is in response to to to Mr. Elo, you go so far as to suggest that all in fact I think you said so that basically all police stations have their problems individual problems about storage.
Do you want me to tell you what's very strange with that proposition or that statement?
>> Yes, Chair.
>> Look at what you say in the very paragraph 30 I have referred you to. You say that Brigadier News SA should then secure a storage location for the drugs.
He would have had to secure that storage space from somewhere.
>> Yes.
>> And what did you expect that somewhere to be? A police station not so?
A police station not so?
>> Yes.
>> So how could you give this response that you gave to Mr. Elo then?
Is a a response that suggests that uh there are diff- difficulties with all police stations?
He could not have gotten the space from outer space.
>> Yes.
No, I think >> So what point were you making then?
>> Okay, Chair, I think maybe uh I didn't word it correctly as well. I'm I'm going to add this but at my level as a colonel and at that stage as a lieutenant colonel there's only so much that I can do to escalate this challenge.
Obviously any station commander or district commissioner won't hold my opinion in that high regard or my request won't take it as seriously as they would take it if they were engaged by let's say my brigadier, my provincial commander.
>> But you would only get to that if you have seriously done the groundwork or rather worked the groundwork Uh that needed to be or done the groundwork that needed to be done.
You only reach that stage after all that. Here you did not even do that groundwork. You worked on an assumption.
You did not inquire whether space was available at least as at these three police stations. I will not mention their names again. You did not even do that groundwork. So, it does not even rise to the level of you having to rely on a senior who can better pull strings than you can ever hope to. You know, it does not get to that level.
>> Yes, chair. And I think I'm going to say this honestly as well.
Maybe I wanted my brigadier to bear that burden where he's being inundated with calls from that said station complaining that we need these exhibits to be removed.
>> So, you lied to him. You said you had exhausted all avenues.
>> I didn't lie.
>> You lied because you've accepted that you had not you had not exhausted all avenues.
>> I I put the decision on him, uh, chair.
>> You lied when you said to him you had exhausted all avenues. Was it Was it true that you had?
>> In my mind, Durban Central was out and out.
>> Was it true factually that you had exhausted all avenues? You've already said you had not.
>> Yes.
>> You've already said you had not.
Correct?
>> Yes.
>> So, you lied to him when you said you had exhausted all avenues.
Do you agree? It's as simple as all that.
>> I I'll have to >> You agree?
>> I'll have to agree, chair, but I think it's a strong word to say lied, but >> Is it true? Is it true? Is it true?
>> Uh >> Was it true when you said to him, "I have exhausted all avenues."? Okay, let's get off lie. Let's step off lie.
Was it true?
Was it factually correct?
>> Factually no, sir.
>> Factually no.
>> No.
>> Is that not a lie?
Is that not a lie there?
>> I I It It sounds when you say it like that, it sounds a little harsher than Thank you.
>> Okay.
>> The Thank Yes, yes, Commis- Mr. Letsoalo on this, sir. The The Did that decision to to move to Isipingo Police Station, it is a major decision, right?
>> Yes, Commis- >> And one would expect to have a record of it, that it is recorded and the reason for for moving to Isipingo.
>> Yes, Commis- >> But it's not in the diary of of Warrant Officer Mbangase.
You can look at it if you want, but he he doesn't account for how that decision or why that decision was made. Uh he merely says, "We opened, we found this, it was decided we go to Isipingo." That That is problematic.
>> Yes, I I concur.
>> Yes, and and we it it seems to me, and maybe let me let me put this to you, that the explanation that you are giving for moving from from CHC to Isipingo seems to be an afterthought.
Um because it's not recorded, even if you allow for this diary was completed for the first time on the 23rd. It's It's for It seems to me, and you accept that, it's it's quite a big decision to move from the crime scene in the circumstances and go to Isipingo.
And that it is not recorded here um is problematic, and we have only your word now uh that you moved because the reasons that you are giving, that there was no way else to go and yet it's not in the diary of the person that you left as the investigating officer. Explain that.
>> I agree with you, commissioner. I can't furnish an explanation on behalf of Warrant Officer Bangas.
>> But you see how it it it does lead or it can lead to the impression this is an afterthought. Otherwise, he would have recorded that big decision in his diary.
>> Yes, I can see how it seems there.
>> Thank you.
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