MORNING Yoga in a prison cell catapults me out of E-Section, the door literally unlocks itself as I am led away by a burly Afrikaner warden, only too pleased to see me. I am once again processed for the transport to Caledon Square, the holding cells at the Magistrates Courts, in which one is lucky to survive the gangs, the coming and going.
This story is a continuation from Part One.
The rotation from holding cell to court-room and back to holding cell takes hours. I notice an obviously Cape Malay Muslim, who is reciting the Shahada, he later tells me he stole some tools and has been charged with theft. After some mutual ‘Salaam’s Alaikum’s’ he disappears with an officer.
There is a young fellow who is passing messages from other inmates to his girlfriend above the cells, she can hear him if she bends down with her ear to the grill that buts out of the dungeon at pavement level. It is like listening to birds cooing back and forth.
Eventually I am called. Surprised to find my father Derrick has arrived to post bail.
After bail had been posted, SAPS took me and placed me in a room with one of the numbers gangsters. The gangster looks at me then says: ‘I believe in you.’
More mind games by the constabulary. Do they believe the story?
At some point during my custody in Caledon Square I was confronted with a folder, by a detective, apparently there is a file linking me to an organization called Poqo, the armed wing of the Pan African Congress.
I am questioned once again about my being Jewish. I refuse to speak to the Dutchman, he has no right to my views on the late Rissik Haribhai “Barney” Desai.
I am driven home in complete silence.
Some weeks pass. I return to the Magistrates court.
Jennings explains to me there must be some kind of blunder. It is as though I have fallen into a parallel universe, one in which it is illegal to be Jewish. My identity is triggering for some people?
I am not asked to plead. Instead there is a preliminary hearing in which Zulpha Khan is called, along with her witness the receptionist, who is unable to corroborate her story.
Jennings asks Zulpha. In your first statement you mention he was brandishing bombs, in your second you say guns. Zulpha where were the bombs?
Zulpha is at a loss to explain her own statements. Admits in court, there was no such incident.
There are now three separate conflicting statements, a literal Rashomon story.
Judge Phindi Norman looks directly at me. Well, in that case, Mr Lewis is free to go.
I later attend an event where Ronald Suresh Roberts and Ed Young are lecturing on art history.
The press meanwhile, are going to town about my hair, or lack thereof, and repeating their baldfaced lies. As if there was any substance to the allegations made by their angel oracle. Accordingly:
‘A botched charge sheet on Friday led to the acquittal of a journalist who in May allegedly threatened to blow up the Cape Town premises of Radio Heart if his grievances were not aired.
‘David Robert Lewis (39) appeared in the Cape Town Magistrate’s Court before magistrate Phindi Norman, who said she would give a proper judgement later if required.
‘Lewis’s hearing was a sequel to an incident on May 24, when he entered Radio Heart’s premises in a highly agitated state and demanded to speak to the news editor.
‘In an affidavit to his attorney, Mike Jennings, Lewis said a story he had written about a black musician (not involving Radio Heart) had been rejected due to alleged racism. This had caused him to file a case alleging discrimination with the Labour Court.
‘He said he had wanted to speak to Radio Heart’s news editor about the Labour Court case, but ended up with news anchor Zulpha Khan, who had refused to go on air with his story.
‘The charge sheet in the case initially alleged assault with intent to inflict grievous bodily harm, but was later changed to alleged ”assault by threat”. Lawyers who did not want to be named said the charge should have alleged intimidation.
‘Norman said the charge sheet as it stood alleged that Lewis had assaulted Khan by threatening to ”blow up everything and the place”.
‘However, Khan’s version was that Lewis had said he would ”blow the place up with machine guns”.
‘Norman said the testimony of Khan, the alleged victim, did not support the charge that Lewis had threatened to blow up ”everything and the place”.
‘He agreed with Jennings that whatever Lewis had said, it could not have created an immediate danger, and that for this reason there was no case for Lewis to meet.
‘When the police arrived, Khan had in fact told them that she was not even certain whether she had wanted to lay a charge, Norman said.
Meanwhile the Khayalitsha gang had bonded like brothers, attending the Suresh Roberts after-party as if they’re VIPs.
A week later I am walking down Woodstock Main Rd, and they are literally behind me. The one says: So where we going? The other replies, is he still doing yoga?