A year later and still no arrests after death of Leo Williams (9), hit by police rubber bullet

Cathy Thomas, the legal guardian nine-year-old Leo Williams, who was shot by a police rubber bullet on 31 July 2020 and died two weeks later, said she was disappointed that a year later that no one had been arrested. (Photo: Vincent Cruywagen)

By Vincent Cruywagen

4 Aug 2021

A commemoration service held over the weekend in Laingville, St Helena Bay, in honour of nine-year-old Leo Williams was of little solace to his legal guardian, Cathy Thomas.

A year after Leo Williams (9) was fatally injured when a police rubber bullet struck his head on 31 July 2020, no one has yet been arrested.

Leo had been playing with friends inside a corrugated iron structure where he lives in St Helena Bay while a violent protest took place in the streets outside. A rubber bullet fired by police penetrated the structure and slammed into Leo’s head.

Residents from Laingville in St Helena Bay on the West Coast, Western Cape, held a commemoration service on Saturday, 31 July for Leo Williams. (Photo: Supplied)

He was rushed to hospital, but doctors were unable to remove the rubber bullet as it was too close to his brain. Leo died on Monday, 17 August 2020. Doctors removed the rubber bullet during an autopsy.

Because police action led to the death of Leo, the Independent Police Investigative Directorate (Ipid) headed an investigation to identify the police officer who fired the fatal shot.

A video clip showing four police officers firing shots in the direction of the corrugated structure was handed to Ipid. The four officers were behind the main police group trying to contain protesting residents.

Cathy Thomas, the legal guardian of nine-year-old Leo Williams, who was shot by a police rubber bullet on 31 July 2020 and died two weeks later, said she was disappointed that a year later that no one had been arrested. (Photo: Vincent Cruywagen)

A sobbing Cathy Thomas, Leo’s legal guardian, said: “I don’t have words to start describing my pain and disappointment. When Ipid last visited Laingville they said the matter of Leo had been prioritised.”

The memorial service, which took place on a sports ground on Saturday, was an emotional moment.

“I struggled to contain my tears. Yes, people came out to commemorate the memory of Leo. But for me, there was nothing to celebrate because his killers are still walking the streets. How am I supposed to go on with my life?”

The void and hurt, she said, would remain for as long as Ipid failed to identify the police officer responsible for Leo’s death. All that Thomas wants is for the matter to go to trial.

On Friday, 31 July 2020 all roads leading into Laingville were barricaded with burning tyres and protesting residents pelted police with stones.

In September 2020 when Ipid’s executive director, Jennifer Ntlatseng, visited the area, Leo’s family and residents were informed that Ipid was prioritising the matter. She also said that investigators were waiting for ballistics and postmortem reports.

Community leader and Good Party member Thyrone Williams was one of the first people to arrive at the scene on the night of the tragedy. He is at the forefront of a campaign seeking justice for Leo.

“It’s been a year since the death of Leo and still Ipid hasn’t identified the police officer who fired that fatal shot. We have tried everything and exhausted all avenues to get this matter resolved. We remain resolute and justice for Leo will continue,” he said.

Ipid spokesperson Grace Langa confirmed that the directorate had investigated the case and had collected all the evidence, which had been handed over to the Directorate of Public Prosecutions (DPP) for a decision.

“At this moment we are awaiting the decision by the DPP. I can confirm that since the beginning of our investigations and after the executive director of Ipid and provincial head of Ipid Western Cape visited the family our investigators continued to be in touch and give feedback to the family.”

As to why no one had yet been arrested, Langa said the merits of the case, as well as the circumstances and other processes, helped to determine whether an individual could be arrested.

“There are circumstances, for instance, where a suspect can be identified immediately and we can affect the arrest immediately. But there are circumstances where you find it is a group of police officers and you cannot just go around arresting people.”

Leo’s death is one of several cases involving citizens who have died due to alleged police action under investigation by Ipid. In Heidelberg, in the Southern Cape, at least three cases are under scrutiny.

These include the death of Nicolin Davids, a Western Cape College of Nursing student, allegedly killed on 27 October 2019 during a hit-and-run involving a police vehicle; Jan Esau (51), found hanged in Heidelberg police cells on 3 October 2020; and Gerald Esau, arrested on a charge of drunkenness in 2015, who was assaulted and after being a coma for eight months died in 2016.

An inquest into the death of Davids has commenced. The first session, attended by family members and Heidelberg ward councillor James Gelderbloem, was held at the Heidelberg Magistrates’ Court on Thursday, 29 July. The second session is scheduled for Wednesday, 18 August.

Gelderbloem said: “What came out at the first session is that the postmortem report showed that Nicolin died as a result of a vehicle driving over him.

“The date of his death on his death certificate was wrong. It showed 26 October 2019 and should have been 27 October 2019. The person who registered his death was an EMS staff member from Mossel Bay and EMS members of Heidelberg were not at the scene.”

The inquest was postponed, Gelderbloem said, to determine why the dates of death differed and why Mossel Bay EMS handled the death and not Heidelberg.

Gelderbloem expressed hope that Ipid could bring finality in the other cases. At the time of publication, Ipid had failed to respond to questions about the Heidelberg matters. DM/MC

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