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Fears for Belgian businessmen in Diepsloot prison

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 SA regime now facing lawsuit over atrociously unhealthy, overcrowded conditions at Diepkloof trial-awaiting prison:
Feb 4 2013. By Adriana Stuijt. Mr Dennis van Kerrebroeck, a Belgian/Canadian businessman  illegally arrested on February 27 2011 in Kimberley, SA on  trumped-up claims that he had ‘stolen’  a unique, flawless 68-karat diamond  - faces the ordeal of a trial in Johannesburg Commercial Crimes court this week. This  often-postponed trial which is causing so much agony to the imprisoned Belgian businessman, should never have taken place: court-documents show that he himself was the victim of an elaborate fraud around this diamond – and which played itself out across three continents: Southern Africa, North America and the diamond centres of Europe.With the continuation of this trial and this man’s imprisonment in the 250% overcrowded, filthy conditions of Diepkloof trial-awaiting prison near Randburg, South Africa is also abusing the human rights of this Belgian/Canadian businessman who fell into a cesspool of deceit, greed and government lies.
Filthy overcrowded SA trial-awaiting prison
A source close to Mr Van Kerrebroeck said he has also instructed his legal team to sue the SA prison service for the atrocious conditions endured by trial-awaiting prisoners at Diepkloof prison. He is being forced to live like a convicted criminal for the past 23 months after he was denied bail in a fraudulent hearing. (documents below). The white Belgian/Canadian businessman shares a holding cell with sixty to seventy black male trial-awaiting prisoners on average – sharing just one toilet. The facilities are ‘indescribably filthy and never cleaned professionally,’ said his friend. Photos and videos have been prepared to support the law-suit.
Hawks SAPS anti-corruption unit: “Not sufficiently independent”:
The Democratic-Alliance leader in the Gauteng legislature, Jack Bloom, also warns this week that the long-drawn out delays in court trials are causing horrendous agony to litigants and their families. He also criticised the Hawks special police unit, (the same unit which investigated Mr van Kerrebroeck’s case) - writing:
  • “… “Thank goodness we have public-spirited people like Hugh Glenister. He spent millions on a campaign against the dissolution of the Scorpions (SAPS) anti-corruption unit. In March 2011 the Constitutional Court ruled that the Hawks replacement unit was “not sufficiently independent to fight corruption effectively.” But the legal battle continues as Parliament's amendments fall short of giving us the independent corruption-fighting unit that we need.”
  http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page72308?oid=355372&sn=Marketingweb+detail&pid=90389
“ Mr Van Kerrebroeck was the victim of a fraud ” – international maritime law expert:
The source pointed out that Mr Van Kerrebroeck was arrested illegally and denied bail fraudulently: with a top police officer and a public prosecutor lying: they claimed there was no extradition treaty between Belgium and South Africa. The arresting officer of the Hawks, Colonel Fernando Luis, moreover knew that this was no ‘theft’ but a legal diamond deal; and knew that the original owner (Mr Minnar Higgs of Higgs Diamond Propriety Ltd ) had already arranged for exporting the diamond legally to the new owner, Mr Adrianus Vriend via Brinks in Geneva, Switzerland for the amount of $3million US.  Luis said in his statement the diamond was sent ‘on spec’ but that’s illegal under the Kimberley Process.
A top international maritime expert has concluded that Mr Van Kerrebroeck was duped: he did not know that the diamond had already been sold when his company purchased it from Mr Higgs – that the man  no longer was the legal owner.The maritime law expert in Antwerp adv Karel Mul, submitted a statement to this effect, (below) writing that Mr  Vriend was clearly the sole legal owner of the diamond when Mr Minnar Higgs had sold the same diamond again, this time to Mr Dennis van Kerrebroeck, and that the latter – now languishing in the filthy conditions of Diepkloof prison - had been the victim of a fraud.
Mr Van Kerrebroeck has lodged counter-fraud-charges at the SAPS Johannesburg Central office on August 31, 2011 against the complainant – the geologist mr David Griffiths  of Easresources– as well as against the diamond’s current legal owner Mr Adrianus Vriend; and  against Minnaar Higgs of Higgs Diamonds Proprietary Ltd  (CAS 570/09/11).  The arresting police officer Col Luis claimed at Mr Van Kerrebroeck’s bail-application last year that “the diamond had been sent to Geneva on spec’. It has been pointed out however that under the Kimberley process it is illegal to export diamonds on ‘spec’. They have to be sold through the Kimberley export-certificate. In this case  the diamond was exported legally with Kimberley certificate ZA008750.  There is no question of it having been ‘sent on spec’ or that it had been ‘stolen’.
Advocate Karel Mul writes (below)“It is my opinion, based on evidence by the documents in my possession, that Mr Van Kerrebroeck and his company, Belgo-Nevada Ltd, are not to blame as they were – as evidenced by the documents – themselves the victim of a fraud.  The diamond was exported from South Africa to Geneva Switzerland by Higgs Diamonds Propriety Ltd with the Kimberley Certificate ZA008750 dated 19 June 2009 in the name of Mr Adrianus W Vriends.”VANKERREBROECK MUL STATEMENT
Meanwhile, Mr Van Kerrebroeck has been illegally incarcerated at Diepkloof prison for the past 23 months: he was arrested at Kimberley law courts where he had arranged to submit documents to prove that he had bought the diamond in good faith from Higgs Diamonds Proprietary Ltd. He was arrested on February 27 2011 without a warrant, his computer was confiscated without a search warrant and he was interrogated without an attorney present; and both the public prosecutor and the arresting SAPS officer Col Fernando Luis from Kimberley had inaccurately told the magistrate that there ‘was no extradition treaty with Belgium’. The two --- according to a Kimberley prisoner’s written statement -- also obtained a fraudulent statement from him to try and prove that Mr Van Kerrebroeck was ‘involved in other criminal activities’. 
Many lies told just to keep Mr Van Kerrebroeck in prison:
All these lies were told to keep Mr Van Kerrebroeck from getting bail. The statement by Wouter Viljoen was retracted in writing:  see . (documents reproduced below).
The accused must prove his innocence’said magistrate --  in direct violation of SA Constitution:
The residing magistrate, Vince Pienaar also stated that ‘the allegations made (before this court) are sufficient for the ACCUSED to PROVE HIS INNOCENCE in a court of law ( case RC128/11-CD2-YM-24/02/2011 May 26, 2011 page 130, Lines 19-20)
The source points out that magistrate Pienaar’s statement is ‘in direct violation of the South African Constitution. In the South African Constitution, section 35(3)(h) of the Bill of Rights states: "Every accused person has a right to a fair trial, which includes the right to be presumed innocent, to remain silent, and not to testify during the proceedings."

Wouter Viljoen retracting statement:
VanKerrebroeck FalseChargeByConvictWouterViljoen3Nov2011
Two investigating officers fabricated false charges by putting pressure on convict Wouter Viljoen in Kimberley jail:
Also reproduced above is an affidavit from a Wouter Viljoen, a man convicted of nine crimes, and who was in the Kimberly jail when Dennis was first taken there and where he had met Dennis briefly.  Evidence that Col. Luis and Capt. Van Rooyen of the Kimberley investigation police team had sollicited Wouter Viljoen to make a false affidavit against Dennis Van Kerrebroeck-  and against another inmate named Rudi Strydom, and Mr Van Kerrebroeck’s private investigator, the former SAPS colonel Andre Austin.  Viljoen admitted above that he had been told to falsely accused the Belgian businessman of conspiring with Rudi Strydom and Andre Austin “to steal Van Kerrebroeck’s police docket”  and that the accused Belgian businessman had allegedly paid Andre Austin R20,000 to do this. However this was a ‘complete fabrication. Andre Austin, a former colonel in the SAPS with 32 years experience in the robbery-homicide division, was retained by Mr Van Kerrebroeck’s brother for the amount of R20,000 to assist in the defence’s case. “Wouter Viljoen admitted (above) that he had provided this false affidavit in exchange for bail. Wouter Viljoen  had nine previous criminal convictions and there were two outstanding warrants of arrest for him at the time.  So, how exactly did Wouter Viljoen manage to get bail?  Col. Luis committed multiple counts of perjury and contravened the Bail Act during Wouter Viljoen’s bail application by telling the court that there ‘was no issue with him receiving bail.” Yet this man’s affidavit, (above)  the source pointed out, ‘Is the only so-called evidence or statement used to press the charges of corruption and defeating the ends of justice against Dennis Van Kerrebroeck, against Rudi Strydom and against retired SAPS. col. Andre Austin.  These charges have since been withdrawn.  Col. Luis even went as far as to sollicit a person whom Dennis Van Kerrebroeck ‘d business dealings with to lay a false charge of kidnapping against him – all to make certain he would not get bail.  It is unbelievable.  Dennis was never charged, though, and the case was ultimately withdrawn. “  Meanwhile he’s still sitting in Diepkloof prison.
Retired SAPS police officer Andre Austin lodged formal charges against Col Fernando Luis and for unlawful arrest:
Austin has now lodged seven charges against Colonel Fernando Luis for perjury and unlawful arrest. (Case Nr 42/9/2011) and also a perjury case against Col. Luis' commander, SAPS Superintendant Perimul of the Hawks team. Yet despite this,  ‘no action has been taken against Col. Luis. 
“Give us $4million and we will make the case go away”…
Upon his arrest and without his attorney present, Col. Luis and his commander, Superintendant Perimul, also allegedly sollicited a $4million bribe from Dennis Van Kerrebroeck to make this situation “go away’, said the source. “However Dennis declined’.Mr Van Kerrebroeck’s friend fingered a close advisor of president Jacob Zuma, Sandile Zungu -- who holds directorships in many top companies including as a director of Rockwell Resources South Africa ( the holding company of Toronto Stock Exchange listed Rockwell Diamonds) – as being closely involved in the arrest of Mr Van Kerrebroeck.
Bail application: Public prosecutor Annemarie Smith and arresting officer Col Fernando Luis lied  about Belgian extradition treaty in bail application:
VANKERREBROECK STATEMENT BY COL FERNANDO SIMOES LUIS SAPS RE DIAMOND DEALAbove: The statements by investigating officer SAPS colonel Fernando Simoes Luis before the magistrate’s court regarding bail application and his attempts to demonise the accused to stop him from getting bail by pressurising convicted criminal Wouter Viljoen to sign a statement claiming Van Kerrebroeck was involved in ‘other criminal activities’.   Luis also claimed in this document that the diamond was ‘placed on tender in Geneva’ – which is illegal under the Kimberley certification procedure.
                                 ________
Charges against David Griffith, his former business partner Adrianus Vriend, and against Minnaar Higgs (CAS 570/09/11)
Below: Mr Van Kerrebroek has also lodged a case of fraud at the SAPS Johannesburg Central office on August 31, 2011 against his accuser David Griffiths as well as against Griffiths’ (former) business partner Adrianus Vriend and against Minnaar Higgs  ( CAS 570/09/11).  A copy of the docket front pages reproduced below.  CensorbugbearReports has copies of the entire 43-page docket. As an added note of interest: the original police-docket in this fraud case was stolen. As an illustration of the widespread, systemic fraud and corruption in the SA Police Services, the source quotes from an article in The Right Perspective, dd May 4 2010, noting that over 10,000 police officials were in prison in SA. http://www.therightperspective.org/2010/05/04/10000-south-african-cops-in-jail/
VAN KERKEBROECK CHARGE AGAINST ACCUSERS OF FRAUD AUG312011 JOBURG
The following is a link to EAS Resources, a company in which complainant David Griffiths states that he is the CEO of:   http://www.easresources.com Strangely, they claim to be substantial stakeholders in Gordonia Minerals Ltd –  a company which was dissolved on May 25 2010.
VAN KERREBROECK EAS RESOURCES AND MATAYO  74 PERCENT SUBSIDIARY OF DISSOLVED GORDONIA MINERALS LTD HAHA
  • Matayo Gold and Iron project that EAS claim is theirs; claiming that Matayo is a 74% subsidiary of Gordonia Mineral Ltd.  and it has an estimated in situ resource of iron and gold of US$2.3 billion, stating that EAS management are substantial stakeholders in Gordonia Minerals Ltd.: http://www.easresources.com/Projects/Matayo.aspx
       However -- Gordonia Minerals Ltd: was dissolved on May 25, 2010:  
         https://www.duedil.com/company/05886733/gordonia-minerals-limited
                            Please confirm on following links:
Question: "Since Gordonia Minerals Ltd. was dissolved on May 24 2010,  how can it own 74% of Matayo?
  • EAS’ website, www.easresources.com, was recently changed from www.eas-holdings.com .  On the previous website Adrianus Vriend is listed as EAS's Commercial Director.  His contact details are on the Contact page of the site as well. Vriend did use the e-mail account awv@eas-holdings.com to conduct business.  Vriend is no longer listed in any capacity on easresources.com. 
South Africa is exporting diamonds illegally and covering it up…
The Belgian sources are meanwhile also  accusing top officials in South Africa of illegally exporting diamonds-- and then covering up their multi-million fraud scheme by arresting an innocent foreign businessman. They are also calling on the international community to cancel the country’s Kimberley diamond-authentication certificates.
  The Federal Bureau of Investigations (FBI) are investigating the case through the  Homeland Security Investigations offices in Ottawa Canada, New York USA and Pretoria South Africa. 
The  diamond in question now is in the hands of the US Federal government after it ‘sued’ the 68-karat diamond itself --  for ‘entering the US illegally’ and thus could seize the diamond in March 2010.  Some Belgian businessmen are now demanding that South Africa’s Kimberley-certification registration be revoked for ‘illegal diamond smuggling’ involving top officials.
VAN KERREBROECK DIAMOND DEAL ARTICLE 2010 http://www.allgov.com/news/unusual-news/united-states-sues-a-large-diamond?news=840888
Sun City Awaiting-Trial Prison (Randburg, Diepkloof) is a shit-hole with 250% over-capacity
The source writes: Mr Van Kerrebroeck has been illegally incarcerated for 21 months now at Randburg’s Diepkloof prison, also known as “Sun City,” as an awaiting trial detainee.  I can assure you, this prison is no “five-star hotel.”  This prison, and most others like it in South Africa, is worse than a refugee camp.  They are absolute shit-holes.   Diepkloof operates at least 250% capacity. 
  • One toilet for 70 to 90 people in one cellblock:
  • he cellblock where Dennis is in hasn’t been cleaned properly or professionally once in the 20 months that he’s been there.  There is one toilet to service 70-90 people from the cellblock.  You have to manually fill a bucket of water and pour it into the toilet to flush it.  There is also only one shower and it is filthy with all sorts of bacteria and fungi spread all over it. We have the evidence to prove just how inhumane and deplorable the conditions are.  This cellblock is for detainees awaiting trial.  They have not been convicted of any crime and are presumed innocent until proven guilty in a court of law as it is stated in the South African Constitution.  Here is but one example of what is going on in other South African prisons:
A 42-year-old British businessman, Sean Smith, was gang raped multiple times a day over a period of 19 months -   After 9 months of his imprisonment in SA’s St Alban’s prison near Port Elizabeth, he contracted Aids.  
SMITH SEAN White UK businessman gangraped SA StAlbansPrison Arrested on FakeCharges http://www.metro.co.uk/news/896211-businessman-tells-of-south-african-prison-rape-that-left-him-hiv-positive
Diepkloof prisoneer Uakareaije Maundu has awaited trial at Diepkloof for 7 years for possessing stolen goods:
Here is yet another example of the completely dysfunctional South African justice system:  Uakareaije Maundu is Diepkloof prison’s longest awaiting detainee awaiting trial.  He has been incarcerated for seven years on a charge of possession of stolen goods, which only carries a sentence of five years.  Diepkloof also is where the Belgian businessman has been illegally incarcerated for the past 21 months.  
“South Africa claims to have the best constitution in the world.  It is time for them to use it and withdraw these ridiculous charges against Mr Van Kerrebroeck and release him immediately. “
During the extradition hearing for (accused UK wife-murderer) Shrien Dewani on May 4, 2011, in Bristol, England, describing the conditions inside South African jails, South African Judge Deon Hurter Van Zyl said: “I thought ‘if this is the quality of prisons it looks far too much like a five-star hotel’.”  The prison where Dewani would be sent to if convicted, Malemsbury Medium A Prison, is currently 13% over capacity.  The judge described this as “really nothing.”   http://www.bbc.co.uk/news/uk-england-bristol-13282311
 
  • Whilst it is relatively true in how he describes the conditions of Marlesbury Medium-A prison compared to other South African prisons (Marlesbury is a “Centre of Excellence”) he fails to mention the fact the Dewani would not be at Malesbury whilst he was awaiting trial.  He would be placed in another prison run by the Department of Correctional Services with other awaiting trial detainees.  Dewani would only be sent to Marlesbury only if convicted. 
                                                          =============================================
                          sources and links – more on Gordonia Minerals:
On EAS' websites, they claim that Bushveld Platinum is in the process of acquiring over 60million oz. of in situ resources.  The following is a credit report. http://bizzy.co.uk/uk/05867301/bushveld-platinum-plc The credit report states Bushveld Platinum PLC's Net Worth is GBP -65,067. 

REID RICHARD PROFILE LINKED IN GORDONIA MINERALSThe above link lists all of the current and former appointments of Richard Stanton-Reid.  It lists all of the companies that Stanton-Reid has been a CEO and shareholder at Gordonia Minerals Ltd, a consultant at Bushveld Platinum plc and a consultant at Tau Resources Group
The DRC, Botswana and Tanzania are all diamond and mineral rich countries.   Fastfwd Consulting’s address is the same as David Griffith’s residential address, 1 Ashleigh, Chesham Road, Bryanston, South Africa.

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