Judgment handed down by MOTHLE J on 12th October 2017:
THE RE-OPENED INQUEST INTO THE DEATH OF AHMED ESSOP TIMOL
…..The 1972 inquest into the death of AHMED ESSOP TIMOL (“Timol”) was formally re-opened by the High Court on 26 June 2017, in terms of section 17A of the Inquests Act 58 of 1959 (“the Act”). The 1972 inquest was held following Timol’s death in 1971. The purpose of re-opening the inquest is to investigate the circumstances leading to the death of Timol in 1971, in light of further evidence that has been uncovered.
…..Timol’s death was brought about by an act of having being pushed from the 10th floor or roof of the John Vorster Square building to fall to the ground, such act having been committed through dolus eventualis as the form of intent and prima facie amounting to murder. There is prima facie evidence implicating Gloy and Van Niekerk who were on duty and interrogating Timol at the time he was pushed to fall to his death. Rodrigues, on his own version, participated in the cover up to conceal the crime of murder as an accessary after the fact, and went on to commit perjury by presenting contradictory evidence before the 1972 and 2017 inquests. He should accordingly be investigated with a view to his prosecution.