Successful prosecution in the Durban Commercial Crimes Court for the HAWKS

Remain blind, lady justice.

A claim of defamation

For every person the road to a career in forensics is unique. Some law enforcement officers’ love for forensics is born out of years on crime scenes. Others are born with a desire to have a career in this field and some simply stumble upon a forensics career because of their love for analysing data. For forensic technicians, it’s all about evidence collection. From reconstructing a crime scene to analysing phone records. For forensic scientists, this career stems from science. What is a forensic technician? Forensic technicians or criminalists are found both in the private sector and in law enforcement. This is a broad term that refers to a few different fields within forensics. These can be grouped under the following main categories: Forensic science: these individuals aspire to work in the Police Service's Criminal Record Centres or Forensic Science Services Division. This career path focuses specifically on the reconstruction of a crime scene, lab technicians who aspire to work with forensic biology or working to verify facts or documentation in a police investigation. Forensic biology: these technicians aim to work in either the private or public sector’s laboratories that take on forensic work. They can work either primarily with DNA, Chemistry or they can focus on forensic document examination. Both the lab technician or crime scene technicians collect crucial physical evidence to connect their findings to a victim and/or perpetrator. How to become a forensic technician in South Africa? Through Law Enforcement You can move into a career in forensics by joining the South African Police Service. Your years of experience with SAPS, combined with a forensic qualification can open the doors to become a forensic technician. To become a police officer in South Africa: 1. You can apply to SAPS either by means of becoming a police official through the South African Police Service Act or as a civilian employee. The primary difference between the civilian and the police official is that the latter works in the field rather than in administration. 2. In order to apply for either one of these positions you must pass a psychological assessment test and have at least matric (NSC). You will also need to pass a physical fitness test. 3. You can study to become a forensic technician prior or after you are employed by SAPS. Understand that terms and conditions regarding recruitment and careers applies Through a qualification: You can study to become a criminalist and then directly apply at the South African Police Service's Criminal Record Centres or Forensic Science Services Division. What to study towards forensics: 1. You will need to complete or have completed your matric with good grades in mathematics and science. 2. You can then study towards a qualification starting on NQF5, this is equivalent to a first year bachelors degree. For Forensic Science, you should have had Mathematics, Communication and Physical Science in matric. 3. Once you have completed the above, apply for the NQF 6 in Forensic Biology, you will be required to complete the Forensic Biology Elective of the NQF 5. Forensic technician salary in South Africa. Once you have completed the above mentioned steps for forensic technician in the field of forensic science you can expect an average yearly income of R127,793* depending on the years of experience that you have acquired and relevant Terms and Conditions of the potential employer. As a crime scene investigator with the above mentioned completed you can expect an average yearly income of R242,667*. As a DNA expert, with the above mentioned completed your average yearly income can be around R269,370*. The difference between a forensic technician and forensic scientist in South Africa. The primary difference between a forensic technician and scientist is the handling of evidence. Where the technician collects and documents evidence, or analysis documentation. The forensic scientist applies scientific methods (experiments) to build further on a case. This combination of science and forensics creates the forensic expert. These experts include medical examiners, pathologists and microbiologists, to name a few. Unlike the technician, the forensic scientist does not often go to a crime scene itself, but rather helps analyze collected evidence to individualize such evidence with the aim to connect it to a person. You can read more about the study path to become a forensic scientist in our previous article here . Forensic scientist salary in South Africa Forensic investigator salary in South Africa ranges around R307,075* per year. Pathologist and medical examiners can earn over a million rand per year*. Forensic analysts: can earn around the R282,299* mark yearly depending on their experience level. We are seeing more and more forensic disciplines emerging, which means that job opportunities in this field are expanding. Thanks to the technologically advanced times we live in today, we are seeing better data and analysis filtering into forensic fields. It’s an exciting time to explore a career in forensics! Explore our qualifications to help you towards a career in this field. Resources: South Africa Police Recruitment - www.how2become.com Forensic salaries South Africa - www.salaryexpert.com Paycale - Payscale.com/research/ZA/Skill=Forensics/Salary Career Opportunities in Forensic Science - By Susan Echaore-McDavid, Richard A. McDavid: ISBN-13: 978-0-8160-6156-3 * Salaries referenced to in this article are indicative only and subject to change

The world has never been as connected as it is in the modern-day. Everything we do is online and therefore trackable. Thanks to this technology, alleged corruption like that of Jacob Zuma, VBS bank and the EFF could be exposed in the finest detail. In this article, we look at the lead up to how South African citizens were defrauded out of around 2 billion rand. This includes a capture of the case’s current status and insight on the fraud examination process. Background In 1982, the Venda Building Society (VBS) bank was established by the Venda Homeland Government. Initially the bank was a small financial institution without the bells and whistles of a national bank like FNB, ABSA and Standard Bank. VBS’ main priority was to help communities to invest through the Mutual Banks Act of 1993. The Mutual Banks Act of 1993 requires that Mutual Banks be regulated by the Reserve Bank. Within their management system, depositors become shareholders with voting rights. This exact structure led to the initial doubts around VBS bank. In 2016 the bank granted Jacob Zuma a loan of around R7 million to pay back his debt for the upgrades on his Nkandla home. During this same period, Zuma became one of the bank’s major shareholders. This changed the small regional bank to a national bank overnight. Shortly after this, ANC-controlled councils in Limpopo and one in Gauteng started depositing money into VBS bank. These funds were then redirected to bank executives like Mphephu Ramabulana, politicians and 52 other implicated individuals . In 2018 the bank collapsed, unable to pay its customers. What’s Happening Now? At the beginning of this article, we mentioned the power of technology in the modern world. It is thanks to contemporary connectivity and crafty fraud-examination techniques that the movement of funds and those who authorised them could be investigated. In the recently released report by advocate Terry Motau and law firm Werksmans, two key factors were brought to light. It is now evident how the finance officials at councils were stopped from asking questions regarding the transfer of funds to VBS bank. Included was how these funds were distributed and finally channelled to Julius Malema and deputy EFF president Floyd Shivambu. The report also revealed how these two spent the money on personal luxuries . The chairperson of VBS and Vele Investments, Tshifhiwa Matodzi, was first arrest on the 17th of June 2020. Matodzi was charged for manipulating the bank’s financials to hide its true state. Followed were 8 others who were charged with money laundering, theft, corruption and fraud . What is the fraud examination process? Our Certified Fraud Examiner, Nick Olivier, explained that in essence, the standard fraud investigation procedure would include receiving the complaint and conducting a preliminary investigation to determine if there was merit to inspect any further. If additional investigation is warranted, a file is opened, and the investigation is planned with both witnesses and victims being interviewed. Running parallel to this is the identification, preservation, collection and examination of evidence in order to prove that elements of the crime are under investigation. It is either at this point or possibly at an earlier stage that identified suspects are interviewed. Depending on the mandate or scope of the investigation, a criminal case should be registered with the South African Police Service. The opening of a criminal case does not prevent a victim from initiating a civil case against the perpetrators who caused a loss, in order to recover the ill-gotten gains. Sources https://www.news24.com/citypress/News/what-is-vbs-mutual-bank-everything-you-need-to-know-2 0160922 https://www.dailymaverick.co.za/article/2020-06-18-vbs-bank-heist-arrests-whos-next/#gsc.tab=0 https://www.timeslive.co.za/sunday-times/business/2018-10-10-venda-king-drawn-into-vbs-mutualbank- drama/ https://www.dailymaverick.co.za/article/2018-10-10-r2bn-looted-from-corrupt-rotten-vbs-bank-saysreport/ https://ewn.co.za/2020/06/17/from-bank-heist-to-arrests-a-timeline-of-the-vbs-scandal

One of the most exciting things about forensic science is its ability to reveal the untold truth. Like the saying goes; there is your version, my version and then there is the [scientifically proven version]. Nick Olivier, Pretoria based Forensic Investigator highlights this in the use of forensic science in South African courts. The more questions the court has about the true events of a case, the more value it places on forensic evidence. In our previous post , we discussed the importance of evidence in a crime. Now we will highlight these subjects using a real case scenario, And show you, as Nick mentioned, how forensic science can play a vital role in the outcome of a case. The Van Breda-Murder case Overview: In January 2015 emergency response received a call from Henri Van Breda. He requested for medical assistance and informed the operator that his family had been attacked by an intruder with an axe. His father Martin van Breda was the managing director of Engel & Völkers in Australia. Martin’s impressive businessmen ship, including ventures like Netstar, had provided a prosperous and comfortable lifestyle for the family. At the time of the murder, the family resided in the prestigious De Zalze Wineland Estate. Of the 5 family members both parents, Martin and Teresa were killed along with their eldest son Rudi. The Breda’s daughter and youngest, Marli survived but was severely injured during the attack. She later made a full recovery. Henri ‘escaped’ with minor injuries. The Trial: The case took a whopping 9 months from the time of arrest and first court appearance to the trail in the Western Cape High court. None the less the prosecution was skeptical from the onset about Henri’s version of events. From his minor injuries to the crime scene, investigators found too many inconsistencies with what Henri had reported and what the forensic evidence revealed. The case was made that Henri himself had killed both his parents and brother with an axe before attempting to murder his sister Marli. What Forensic Evidence Reveal About The Case: The primary evidence used to build the case aimed to answer the question of whether Henri had indeed killed his family or was it an intruder as he claimed? This was achieved by analysing his behaviour before and during the night of the murder. Gathering evidence to establish Henri’s position within the family. Collecting forensic evidence from the crime scene and compiling a plausible motive for Henri to have killed his family. Early on in the case, investigators established that Henri had a drug problem. They interviewed his potential dealer and also found records where he was institutionalised in 2014. This was significant because of the correlation between drug and alcohol abuse and violent crimes. Crime Scene Evidence: Sergeant Marlon Appollis and his team found that there was no forced entry into the Breda’s home the night of the attack. The Breda’s property was also in a 24-hours monitored security estate. To further strengthen this, investigators also noticed from the onset that valuables like electronic devices were not taken. During the trial, the state revealed that there was evidence that Henri had tampered with the crime scene. His cellphone records showed that he had made an unsuccessful call to his girlfriend at 04:00. Shortly after he searched for emergency services. Two hours elapsed before the call was made. This arose suspicion, why had it taken so long to call for help. Although Henri had said that he had fainted after the attack. The state had evidence that proved that he tampered with the evidence in this time instead along with inflicting wounds on himself to mislead police to believe he had been in an altercation. Further, the wounds were made with a knife rather than with an axe, which was the primary weapon used on all of his family members. Blood Spatter Analysis and Autopsy: Police captain Marius Joubert who analysed the blood spatters concluded that the crime scene had been tampered with and was inconsistent with his statement. According to Henri, he was hiding in the bathroom when his brother Rudi was attached. But after analysing the blood spatter on his shorts and socks. The case was made that he had been “in close proximity to the source of blood when force was applied”. Nick adds that the place where the axe was found after the attack, where the victims are lying and how the blood splatter spread can reveal the position of the attacker when the murders took place. "You can, for example, derive where the attacker was if the victims were lying down or were on their knees when they were attacked, whether or not there was a long struggle before they were killed, how long it took to kill the victim and how tall or strong the attacker is." The autopsy report by Dr Daphne Anthony showed that Martin was taken by surprise as he had no wounds relating to defense and also had a blow to the back. Again, this was inconsistent with Henri’s statement that his father had attacked the “masked intruder” while he was paralyzed in the bathroom. DNA (DeoxyriboNucleic Acid): Lieutenant-Colonel Sharlene Otto the chief DNA analyst for SAPS tested 216 samples collected from the crime scene. From there she could identify Martin and Teresa’s DNA from scrapings taken from underneath Henri’s nails. Importantly the state analysis also found no unknown DNA at the crime scene. This along with the lack of empathy sown by Henri during the emergency call and during the trial itself finally debunking the intruder claims in Henri testimony. On May 21, 2018, the evidence against Henri Van Breda was overwhelming and Judge Siraj Desai had no reason to doubt the state’s findings. Henri was charged with 3 counts of murder, one of attempted murder and obstruction of justice for lying to the police. Resources: 1. News 24 - van-breda-tampered-with-crime-scene-state-alleges-in-indictment 2. CTV News - south-african-man-23-found-guilty-of-axe-murders-of-family 3. IOL- five-things-to-know-about-the-henri-van-breda-axe-murder-case-24987359

The Case Of Oscar Pistorius In this article, we will focus primarily on the manner which certain evidence was collected and presented in court during the trial. The purpose is to highlight forensic fields in South Africa and not used to give an opinion on the case itself.

In our previous post , we discussed the study paths of forensic professions in South Africa. We explained the difference in studying forensics versus entering the industry through field experience. In this follow-up post, we will take a look at the main fields of forensic science. But first, let us take a look at the long relationship between forensics and law. Using Forensics Science in court In ancient Roman times, people who broke the law was ‘tried’ during the daily forum. This forum included community members made up of scholars, politicians, and merchants. The word 'forensic' stems from the Latin word 'forum'. What we know today as forensic science refers to the application of scientific disciplines to investigation in preparation of a case for court purposes. Whether you are interested in working in a forensic laboratory, collecting evidence from a crime scene, conducting forensic investigations or working at forensic pathology services, the main objective of all forensic professions is to conduct an examination of evidence in order to aid in the findings in legal proceedings. The legal system itself is a large and complex body of knowledge. That has consequently birthed a family of forensic careers. Take for example a situation where the police find an unknown substance in a person’s possession. A forensic laboratory first needs to analyse the substance and compile a report indicating that the substance fits the molecular profile of a drug. Only then will the police be able to prove any charge of drug possession against this person. Corroborating evidence, applying scientific methods to investigations, and proving the elements of an alleged crime forms the basis for the use of Forensic Science. Fields of Forensic Science Now that we briefly discussed the history of forensic science and its application to the investigation process, we will look at the different fields of forensics science. These fields can be grouped into three main services. Crime Scene Technician Services This involved the collecting, preserving, and documenting of all evidence from the crime scene. The collection of evidence including fibres, hairs, fingerprints etc. Photography is used to capture and reconstruct a scene. Evidence storage is where the collected evidence is held for months and even years. These tasks are mainly the responsibility of the police but other forensics professionals like fraud examiners in the private sector would apply the same principles with the main aim to show that the chain of custody remained intact and that the evidence was not contaminated or tampered with. This is an extremely important function that can make or break a case. Think back to Oscar Pistorius case and how the mistreatment of evidence caused controversy during the court proceedings. Physical Forensic Science Services Trace evidence, firearm, and ballistics, questioned documents, toolmarks and fingerprint-examination are all critical to link physical evidence collected at the crime scene to a specific victim or suspect. For example, linking a shell casing with a firearm found in the possession of a suspect or to verify that writing on an important document belongs to a specific person. Biological Forensic Science Services From all three services, this one provides the most powerful conclusions in a case by applying scientific methods relevant to chemistry, biology, anatomy, physiology. An autopsy of a body or analysis of the skeletal remains could determine the gender, identity, and time and possible method of death. The analysis of bodily fluids can provide a Forensic DNA profile that can be compared with the DNA of the suspect or victim. Today forensic science can use DNA analysis to assist in solving so-called ‘Cold-cases’; historical cases that were not resolved before DNA analysis became a valuable tool for investigators. Take for example the case of the American serial killer John Wayne Gacy. Out of the 27 bodies the police found buried underneath and around his house, 7 were not identified. In 2017 investigators have used DNA evidence to identify one of the seven remaining unknown victims. Resources: 1. Oscar Pistorius - http://www.saflii.org/za/cases/ZAGPPHC/2016/724.html 2. Being a forensic scientist in South Africa - https://businesstech.co.za/news/government/281091/what-its-like-being-a-forensic-scientist-in-south-africa/ 3. John Wayne Gacy: Victim Is Identified After Four Decades - https://www.nytimes.com/2017/07/19/us/john-wayne-gacy-victim-identified.html 4. John Wayne Gacy Serial Killer Timeline - https://www.chicagotribune.com/history/ct-john-wayne-gacy-timeline-htmlstory.html

Charles Manson, Ted Bundy, Jeffrey Dahmer, John Wayne Gacy, these names have completely reshaped our understanding of the human psyche. They have brought us terror, they have sparked horror stories, and they have cultivated new fields in forensic science. But would we even know of these names if it was not for the teams of investigators and forensic scientists who cracked these cases? The unique individuals who had the ability to look beyond the horror of these cases and bring the facts into full view of the court. Forensics scientists are a unique breed of individuals and our mission is to foster that desire and send you in the right direction to start your career in this field, especially in South Africa. In this post, you will find information on different fields of forensic science, the study path of each and where they can be studied in SA. In South Africa, a forensics education looks a little different from what it does abroad. Unlike other parts of the world, South Africa only has post-graduate programs for Forensic Scientists. University of Cape Town (UCT) defines the career path of a South African Forensic Scientist quite well as “a scientist in one of the disciplines of science who applies his or her knowledge to ‘forensic cases”. What is Forensics Science, and why does it matter? Forensic Science is the application of a scientific method to the investigation of a criminal investigation of which the result can be presented in a court case to support the prosecution or defence in a criminal trial. The fields of forensics draw from a variety of science disciplines including physics, chemistry, biology to name a few. Forensics Science has been a key part of criminal investigations and convictions for decades. From fingerprint classification created by Sir Edward Henry, commissioner of the Metropolitan Police of London in the 1890's to the first comparison microscope created by American physician Calvin Goddard to distinguish which bullets came from various casings all the way to the first crime lab by Edmond Locard in France during 1910. Forensics Science has come a long way since analysing bullet casings and fingerprints and today there are over 14 different fields of learning, including DNA analysis and Digital Forensics. How to enter the discipline of a forensic science in South Africa There are three paths to a career in forensic science in South Africa, the fist is through an undergraduate qualification to become a forensic technician ( National Certificate Forensic Science on NQF 5 ). The second is through a postgraduate degree after an initial degree that we will discuss below, the third is through experience (primarily from police work). We will explain the variations to each option, but before we look at studying options let's first look at required high school subjects. School Subjects: In order to set up your career, you will need to complete your matric with preferably high marks in Biology, Science, and Mathematics. The only exception to this rule is for those that wish to complete the National Certificate in Forensic Science with at least 8 years of experience in the field. Keep in mind that even with this option you will still need to have completed at least grade 10 or 11. Where to study undergraduate degrees: After you have completed your schooling you can now apply for a degree in either biology, biochemistry, chemistry, psychology, medicine, finances or business. You can use this quick search tool to search for all programs available in SA. Before choosing your degree first have a look at the lists of fields below and their study paths to make sure you choose the right qualification that will allow you entry into your preferred postgraduate. Forensic fields and postgraduate degrees: Once you have completed your degree you can now focus on a postgraduate. In order to help you make the right decision, we have given you a list of fields along with their career patch and institutions where they have programs available. Examples of forensic studies include: 1. Forensic Science: focuses on scientific principles grounded in molecular biology to analyse a scene and/or evidence. You must first establish foundation knowledge of science through a degree before specialising in forensics. Study path: start with a BSc or BSc with Honours in chemistry, biochemistry, molecular biology or physics. Once completed you can then apply for specialty training with the SAPS in order to work in one of their forensic laboratories. Specialised Study programs: National Certificate in Forensic Biology on NQF 6. 2. Forensic pathology: unlike science, pathologists work with cadavers (dead bodies) to examine the cause of death in the case where the cause of death is unknown, known as an autopsy. Beyond this, the pathologist can also be called to a murder scene by the police, research evidence on cases and teaching undergraduate medical students and lawyers. Study path: This is an extremely specialised position that first required a Medical Degree (MBChB), 4-5 years’ experience and then studies towards a Master Degree in Forensic Pathology (M Med Path Foren). 3. Forensic Psychology: much like the other fields there are no undergraduate programs for forensic psychology. But unlike the other career paths, this one poses a bigger challenge because the title of a forensic psychologist is not a registered category by the Health Professions Council of South Africa (HPCSA) . Luckily this does not mean that the field does not exist in SA, the HPCSA simply forces you to register for one of the following categories which are Clinical, Counselling, Educational, Industrial and Research. Study path: You will first need to finish a Master Degree in Clinical Psychology. Once registered you will then need to work closely with law firms to work with them on cases to build up your reputation in the field of criminal psychology. Due to the rise in interest in this field, there has been a call on the HPCSA to include categories for forensics. You can follow the news here. 4. Forensic DNA: these biologist work in laboratories focusing primarily on biology to complete forensic examinations. The primary role of this career path is the ability to analyse material collected and make findings that can be used in the judicial process (in a court). Study path: Thanks to an initiative by the DNA Project and the University of the Free State you are now able to study an undergraduate BSc degree in Forensic Science. Specialised Study programs: National Certificate in Forensic Biology on NQF 6. 5. Fraud Investigation: this field of thought requires more analytical and research ability and is less grounded in science. These investigators help businesses find fraud for example in insurance claims. Study path: a fraud investigator must begin with a strong financial or law qualification like a Bachelor Degree in Accounting, Audit or Law etc. and then complete further education to become a Commercial Forensic Practitioner or Certified Fraud Examiner . Specialised Study programs: Occupational Certificate Fraud Examiner on NQF 8. After you have completed your studies you can apply for employment in either the private or public sectors. Resources: 1. What it's like being a forensic scientist in South Africa: www. businesstech.co.za 2. What is forensic psychology: www. forensic-psychologist.co.za 3. Forensic Analyst or Scientist: www.gostudy.net/occupation/forensic-analyst-or-scientist 4. Studying forensic Science at UCT: www.forensicmedicine.uct.ac.za 5. Outsourced Learner Management : www.forensics4africa.com/qualifications 6. Association of Certified Fraud Examiners: www.acfe.com 7. Institute of Commercial Forensic Practitioners: www.icfp.co.za 8. www.educations.com/search/south-africa