The following witness-account was received by Robbie Ernst, friend to Dianne Sherwood, who was gunned down by her neighbour, Tony Leisegang in Marina Da Gama on 13 September 2007.
It is a shocking account of the events preceding Dianne’s murder and how her death could have been prevented.
We would like to take this opportunity to convey our deepest sympathy to Dianne’s family and friends and hope that, in publishing this story, we can, in some small way, help exposing the injustice of what happened. We believe that this story must be told.

(Editor)

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A summary of how MUIZENBERG POLICE and the Independent Complaints Directorate allowed Tony Leisegang to end the valuable life of Dianne Sherwood on the 13th of September 2007.

THIS SENSELESS DEATH OF EARTH’S ANGLE COULD HAVE BEEN AVOIDED.

Our cries for help started in January 2007. I lived and worked at no 5 Park Close, Marina da Gama. I was manufacturing tactical holsters, belts, jackets etc. for various police units. In order for anybody to gain access to my premises you would have had to pass a residential complex known as Park Island Quays. This is where Tony Leisegang lived.

He lived on the first floor and had a perfect view of all incoming and outgoing vehicles, pedestrians etc. from his kitchen window. He used to sit there 24 hours a day 7 days a week, filming and taking photos of every person or vehicle in sight. What bothered me – and the rest of the neighbourhood – was the filming of the children and stalking of Dianne. Children never played outside anymore because of the fear this man put into them. Below are just some of our cries for help which were never answered.

1. On the 9th Feb 2007, I laid a charge at Muizenberg police station against Tony with Inspector Swanepoel for shooting marbles at myself, my son and my dog. There were witnesses. He used a catapult which he shot from his kitchen window. The marbles were shot with such force that they used to crack open as they hit the walls behind us. If any of the many marbles had hit us, it could have been fatal. I spent 3 hours at the station completing this charge.

2. One week later, I was leaving Dianne’s house and again Tony started shooting marbles at me. Luckily he missed. Dianne had witnessed this and I laid another charge at Muizenberg police station, again with Inspector Swanepoel and Dianne as a witness.

3. A week later Dianne and myself had a 2 hour long meeting with Superintendent Hermarnus with regards to Tony filming Dianne and her children and why nothing has been done about my charges laid against Tony. This meeting took place in Superintendent Hermanus’ office. While we where there she phoned Tony and said that she was sending Captain Jaftha to his house in 10 minutes time to fetch him and the camera. Captain Jaftha later returned and informed Superintendent Hermarnus that Tony wouldn’t open the door. A few minutes later Tony phoned and said that he had been in the shower. He also informed Superintendent Hermarnus that he is a family relation or friend of Mr. Cornelius, the magistrate at Simon’s Town Court. The Superintendent then spent the following half an hour on the phone to various legal departments gathering information with regards to her rights. Nothing further was done.

4. As all of the above attempts had failed to bring a positive result, I decided to try and obtain a Peace Order from Muizenberg Court. This was declined.

5. I then spoke to Heather Harrison (she lives across the road from Tony’s complex). She is a trauma councillor at Muizenberg police station and has also fallen prey to Tony’s filming and stalking. I asked Heather to please come with me to the station and explain to the police how Tony was terrorizing the neighbourhood. As Heather had also been stalked by Tony and she could see that the police where not doing anything about it, she agreed and we set up another meeting with Superintendent Hermarnus. After a 2 hour meeting, Superintendent Hermarnus assured us that something would be done.

6. Still all of the above attempts had failed, we could clearly see now that Tony was above the law. On the 12th of March Dianne and I had a meeting with Director Shivuri. It was my birthday so we asked him to please, please give me the best present that I could have wish for: just for him to do his job and deal with our cries for help. Nothing more, nothing less. All we wanted was HELP! He said that he would sort it out and Dianne and I both laid charges against Tony and then left the station 3 hours later. A week and a half went by and Tony was still stalking, shooting marbles and filming children. I phoned Director Shivari (for the 5th time now since our meeting). This was on a Wednesday afternoon and he assured me that on Friday he was going to raid Tony’s flat as he had obtained a Search Warrant. Dianne and I sighed a tiny sigh of relief. Friday came and went, Saturday came and went and on Sunday, a beautiful day, Dianne still couldn’t do what she loved doing best – work in her garden – Tony was still stalking and children were still indoors. On Monday morning I called the Director to again find out what was going on, only to be told that he doesn’t work at Muizenberg police station any more. He had already been transferred to another station! He had known about his transfer and was just stalling and making us look like idiots!

7. Immediately after I put the phone down I went to Muizenberg police station to find out who the new Director was and to see if he could help us. I met Director Hagen. After seeing him briefly, he informed me to apply for an Interdict at the Court next door. I informed him that a Peace Order had already been rejected. I could tell by the tone in his voice and his attitude that he did not consider the matter important and that he thought he had more important things to deal with. He again abruptly told me to go and apply next door. I tried again, but the Interdict was rejected.

8. On the 28th of March at 1 am, three policemen from Muizenberg station came to arrest me on charges of Malicious Damage to Property and Common Assault. Both charges had been laid by Tony Leisegang. I informed them that I was unable to go with them as my son was sleeping and I was not prepared to leave my son alone with the knowledge of Tony and his surveillance of my house. They said that I must report to Constable Piet at Muizenberg police station the following morning.

9. On the 28th of March I faxed a letter to Senior Superintendent Otto at the police’s Complaints Department. In this fax I again pleaded for help and I also informed her of Muizenberg not doing anything about the situation (copy of fax included).

10. On the 29 march I phoned Director Hagen, once again inquiring why nothing had been done. I recorded this conversation. During this telephone conversation Hagen informed me that he isn’t a miracle man, he can’t perform miracles. He also stated that if I make him mad, I won’t get the service I deserve. He also stated that he will come and see me as soon as he sorts this mess out. He informed me that he has all my dockets in front of him and that he was busy with sorting out this mess. (This conversation was recorded). Seven months has passed and he still has not come to see me as promised.

11. Up until now (October) I am unable to find any of my statements and charges which Director Hagen said that he had in front of him.

12. On the 30th of March Constable Piet came to my house to arrest me. Both charges were laid by Tony. In the one charge Tony tried to knock me over with his car in the Pick ’n Pay parking lot. I still have his tyre marks on my pants. Why was I arrested for this? I spent 4 days after this incident trying to find out where and how I can obtain the video footage to prove my innocence. Why did Constable Piet not do his job and gather information for this case? I was told that the police had arrested me to keep me quite with regards Tony.

13. As Constable Piet was the investigating Officer, I tried many times to get into contact with him. I left message after message after message. He would never return my calls. Then, one day I said that I would make him a free holster. Not only did he return my calls – he even got into his police vehicle and came to fetch me at Blue Rout Mall and gave me a lift home. Had I known that giving Muizenberg police free holsters would ensure better service, I would have done this long time ago! It makes me think what Tony was giving to police to allow him to be above the law!

14. Still nothing was being done after all my and the other neighbours’ efforts. Children still couldn’t play outside, Dianne couldn’t work in her garden, Heather was also being photographed and every time I walked my dog, or my son came home, we were sacred of being shot.

15. On two separate occasions, shopkeepers at Capricorn Park asked me why I was supplying drugs to the police. They had heard this from Tony. I asked them to please give me written, signed statements of what he had told them. They did. I again went to Muizenberg Police Station and laid a charge of defamation against Tony which included the two witness statements.

16. Still unable to get hold of Constable Piet, I decided to try Captain Fourie who is the branch commander of the detectives at Muizenberg. My intentions were to lay a civil claim against Tony, thinking that maybe this would put a stop to his doings. In order for me to do this, I would have to get all my statements, charges and witness statements which had been handed in at the Muizenberg Police Station. When I asked Captain Fourie for them, he said that he would speak to Superintendent Hermarnus and that he would call me back. (I recorded the conversation). He never called back. After a few days I again called Captain Fourie and he informed me that the only thing they could find was a statement complaining about Tony filming. I could not believe what I was hearing!! I informed Fourie that I now had no option but to approach ICD. His response was: “YOU CAN GO WHEREVER YOU WANT”. (I have a record of this conversation.)

17. On the 24th of May I was riding my bike in Eastlake Drive, Marina Da Gama, in the direction of Cape Town. I was about 50 meters away from the corner when I saw Tony turning into Eastlake Drive. I was riding on the left hand side and Tony kept to his left – until he saw me. He then swerved towards me, coming straight at me. I thought that maybe he was just trying to scare me and that he would go back to his side of the road, but he didn’t. He kept driving straight at me and forced me to drive into the pavement and, as a result, I fell off my bike. As I lay on the side of the road he swerved back to his side of the road and continued driving. Two other people witnessed this near fatal incident, one of whom was Oscar, a security guard working that day in Eastlake Drive. When I asked him if he saw what had happened he said yes he did, and he then explained to me what he saw. (I have this recorded). He later informed me that he could not testify as he was in fear of losing his job. Tony had threatened all the security guards in the past. Apparently Tony would phone the owner of the security company and would tell him some made-up story and if the owner didn’t take action, Tony would go to the media. I laid a charge at Muizenberg police station later that day and my statement contained full contact details of the other witness. The police opened the case of Assault with Intent to Cause Grievous Bodily Harm, and I was given an official SAPS form with the case number 323/05/2007 A few days later I called Muizenberg police to find out what had been done with regards to this case and they could not find my case or my statement. The case number which I was given, came up on the computer has a house break-in in Vrygrond.

18. On the 1st of June 2007 I had to move out of Marina da Gama. My small business, which I worked at seven days a week, was taking major strain due to Tony contacting every police unit’s Station Commander when officers came to order equipment from me. He would tell them that they are blocking the roads and also said that, due to the officers’ presence, house break-ins in the area were on the increase. Due to this, very few officers were coming to order from me and on a few occasions I had to meet them at the Pick ‘n Pay parking lot to give them their orders.

19. On the 8th of June 2007 I went to visit Dianne at her house in Marina da Gama. I was there for not more than 5 minutes when two police vans came to her house to arrest me. The charge was Assault: Common and was laid by Tony. I tried to explain to the four policemen what was going on and that I had moved away from Marina da Gama and had not even seen Tony, so how could I have assaulted him? They were not interested and told me that I had no choice but go with them. This was now the third time that I had been arrested, with Tony being the Complainant – he did not even have any witnesses, while my charges, substantiated by witness statements were ignored. Later that evening I was released and was warned to appear on Monday morning at Muizenberg Court.

20. On the 9th of June 2007 I returned to Muizenberg police station to re-submit my charge against Tony for trying to run me over with his car and, after writing my statements, (which took about 2 hours) I was informed by Inspector Otto that I could not re-submitthe charge. I informed him that I had the right to lay a charge against somebody who tried to kill me. I also mentioned to Inspector Otto that something very weird was going on at this police station, because all the cases laid against Tony go missing, while, as soon as Tony lays a charge (with no witnesses) I get arrested that same day. Inspector Otto’s response was “my cases have not gone missing, they have all been destroyed.” Otto informed me that Captain Fourie had said that there is no criminal charge against Tony. Inspector Otto also informed me that he, himself, destroyed the charges. (I have the voice recordings of Inspector Otto saying that he himself destroyed my dockets). Muizenberg police took it upon themselves to destroy all charges laid against Tony. In this same recording Otto said that, if I find the person who witnessed Tony trying to drive me over, he would register the docket again. He said that he was doing me a favour! I asked him why the charges were torn up in the first place because the witnesses’ full details were on there. All my charges were substantiated by witnesses and not a single one of these witnesses had been contacted. Now Muizenberg police will take another statement from me but only if I go and search for this witness. I had no idea where to start looking.

21. On the 11th of June 2007, after appearing in Court, I phoned Captain Fourie and asked him about the charges which he ordered to be destroyed. He informed me at first that I must ask Sgt Casper because he had the dockets. I told him that he was lying and that he told Otto to destroy the dockets. He then said that there was no criminal case and that is why the docket was destroyed. I told him that arresting me every time is not going to keep me quite and I also informed him that I was taking this matter very far. His reply, once again, was: ”You can do whatever you want.” and he then put the phone down on me. (I recorded this conversation too.) At this stage we all knew that Muizenberg police where protecting Tony or were sacred of him and we could all see that Tony was clearly above the law. Director Hagen clearly meant what he told me in March: “If you make me mad, you probably won’t get the service you deserve”.

22. In July 2007 I decided to try another police station. I phoned Steenberg police station and I spoke to Captain Rudi, whom I have heard about in the past and who had a reputation of sorting out problem cases. I managed to make an appointment with him at Steenberg police station. At this meeting I explained everything that had happened and how Muizenberg police failed to protect our community for reasons still unknown to us. I also informed Captain Rudi that Tony has an unlicensed firearm. Captain Rudi said that he would sort out this problem and even though it is not in his area, he told me that he was still able to sort this out. Once again nothing was done. On two occasions I informed the police’s Intervention Unit about the unlicensed firearm Tony had. They applied for Search Warrants on both occasions but were declined – both times by Simon’s Town Court. (Remember, Mr. Cornelius, who grants these warrants, is apparently a family relation or a good friend of Tony’s).

23. In the mean time, Tony still continued to stalk Dianne and film the children. Dianne was told that Tony was going to lay a charge against her for hooting and, as stupid as it sounds; it put total fear into Dianne’s life because we knew and we all saw, that, whatever Tony told Muizenberg police to do – they did it and they did it straight away.

24. During July 2007 I sent an e mail to Independent Complaints Directorate (ICD), Cape Town, begging for help. After getting no response I eventually managed to get an appointment with Ms. Zemerra. I took all my documents and all the voice recordings with me and left a copy with ICD. On many occasions I called Ms. Zemerra to find out what was going on and could never get hold of her and she never return my messages. The case was taken over by Mrs Apples. Then the case was given back to Zemerra. Then the case was given to somebody else who was replacing Zemerra. Then the case was given back to Zemerra.

25. All this took place between July 2007 and September 2007. After many phone calls and various meetings with ICD, Cape Town, the only time I got a response was when I contacted and e-mailed ICD Pretoria. I had to do this on a regular basis. I have proof of the above. I think ICD Pretoria had had enough of me contacting them and seeing that I was getting nowhere with Cape Town ICD they contacted Mr Lehola, the Provincial Head of ICD, Cape Town and set up a meeting with myself and him at their Bellville offices.

26. The meeting took place in August 2007. At the meeting I once again went through the whole story with Mr Lehola including Tony’s unlicensed firearm (this meeting I recorded). This meeting took place on Thursday and he said that he could not do anything that week but would start on it the following week. Feeling very relieved and satisfied, I even sent him a message that same evening thanking him for taking the time to see me. Well nothing, but nothing, was ever done.

27. After that day, he could never take my calls, he was always too busy, and on the 11th of September 2007 (two days before Dianne was murdered) I sent Mr. Lehola yet another SMS begging him to do something. Dianne was living in total fear and nobody would help us and help Dianne protect herself and her two young boys. Tony was now stalking Dianne so badly that he was even walking up and down her own driveway and there was nothing we could do.

28. Dianne had also phoned ICD on many occasions. On one occasion, when Dianne phoned ICD, she was put on hold for 39 minutes just to be told that Zemerra (who Dianne was put on hold for) had already left. This is just an indication of how desperate we were for help. Dianne was just as fearful of Tony as she was for Muizenberg police. She saw what happened to me when you ask for help when somebody who is above the law does as he pleases.

29. On the 27th of August 2007 I sent 5 SMS’s to crime line with all the information about Tony’s unlicensed firearm. Vodacom has proof of these SMS’s and that they were sent. I sent his full name, address and full details of the firearm. I SMS’ed the information to 32211. This is Cape Talk Radio Station’s sponsored crime line – they always talk about all the successes that they have had due to the public helping the police with information. Why was nothing done with the information I sent through. I have spent endless days and lots of money trying to find out where this information went to. I ran out of money once again.

TONY LEISEGANG MURDERED DIANNE 3 WEEKS LATER WITH THAT SAME UNLICENSED FIREARM

TO RECAP

Captain Fourie told me that “I can do or go where ever I wanted” and arrested me three times for something I didn’t do.
Inspector Otto destroyed dockets,
Constable Piet only contacted me when he wanted a free holster and did not bother to get the video footage of my case so to prove that Tony was trying to run me over. Had me done so, I would not have been arrested for malicious damage to property.
Sup Hermarnus made empty promises about sorting out Tony filming the children and stalking Dianne.
Director Shuvrie also promising to raid Tony’s flat and didn’t even bother to tell us that he had been transferred to another station.
S/Sup Otto never bothered to reply to my fax sent in March 2007.

DIANNE’S MURDER COULD SO EASILY HAVE BEEN AVOIDED IF THE FOLLOWING PEOPLE HAD JUST DONE THEIR JOB:

Director Shuvurie, Director Hagen, Captain Fourie, Inspector Otto, Sup Hermarnus, Captain Rudi, Constable Piet, Mr Lehola and S/Sup Otto.

Even after Dianne’s murder I was asking Mr Lehola if he was not going do anything now about Muizenberg police and his only answer was “clarify”. One would think that the answer is obvious. Today is the 4th January 2008 and I still not have heard a word from Mr. Lehola. (I have records of messages sent to him.)

The 3 charges that were laid against me and which I was arrested on, were finally withdrawn by the state. I had appeared on many occasions and each time that I appeared the magistrate postponed my cases. The court then moved my cases to Simon’s Town Court. The magistrate again wanted to postpone my cases at which point I informed the Court that the Complainant was in Pollsmore on Murder charges, there were no witnesses and I couldn’t afford to travel to court all the time. Besides, both the police and I knew that I was not guilty. The Magistrate withdrew all charges against me.

It is now the 4th of January 2008 and I have since handed in a copy of all the voice recordings, copies of all the e-mails, letters, faxes and SMS’s to the Public Protector’s office in Cape Town. I have a HUGE feeling that nothing will be done!!

To end off, a valuable life, a best friend, a mother of two, and true Earths’ Angel was taken away in a tragic way. The people we trusted and thought were supposed to protect us against people like Tony, failed us completely. As you can see above, both Dianne and I fought extremely hard for justice, for ourselves and for the community. The Police and the Independent Complaints Directorate failed us miserably and all we got was tragedy. I will fight for answers to the following questions until the day I die…

• Why was I arrested 3 times?

• Why were all police dockets against Tony destroyed?

• Why was Tony allowed to shout, swear and tell the police what to do?

• Why were so many promises made with regards to putting an end to Tony filming children, Dianne and others?

• Why were Search Warrants denied?

• Why are these policemen running Muizenberg police station still employed when there are so many complaints against them?

• Why is everybody scared of Tony Leisegang?

With all the phone recordings and meetings I have recorded, copies of SMS’s, copies of e-mails sent and faxes begging for help, it is as clear as daylight that the people whom I have mentioned in my letter must be held responsible for Dianne’s Murder. Like I said to Director Hagen in March 2007: “I asked one of your policemen what he would do if Tony was stalking his friend and filming his children and his answer was that he would kill him”.

Lastly; a friend of mine knew of somebody in Salt River whom she believed to be in possession of an un-licensed firearm. On the 22nd of December 2007 at 20H00 she phoned Woodstock police station and reported the firearm. Two hours later Captain Jephta, from that same station, phoned my friend back to get more details. About an hour later this person’s place was raided! So it took only 3 hours. Enough said!

Muizenberg police and the ICD must be held responsible for the death of the greatest, most caring, unselfish, intelligent friend whom I have had the privilege of knowing.

“I miss my friend”

(On the 14th of January 2008 Detective Viljoen of the Muizenberg police arrived at my work to serve me with a summons to appear in court for one of the cases which had been withdrawn by the state.)

(Submitted by Robbie Ernst)