Court orders KZN terror 'kingpin' to provide his voice samples

Farhad Hoomer at his last court appearance. Picture: Supplied

Farhad Hoomer at his last court appearance. Picture: Supplied

Published Jan 31, 2020

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Durban - TERROR accused Farhad Hoomer has been ordered to submit a 90-second sample of his voice before January 31.

If the results are positive, it will confirm his involvement in the Verulam mosque attacks and the planting of incendiary devices in Woolworths stores around Durban.

The Overport businessman faces charges of terrorism, murder, attempted murder, arson, kidnapping and having links to the militant Islamic State.

Hoomer, 42, was arrested last

October in Reservoir Hills with 17 other men.

He was accused of being the mastermind behind the attack on the Imam Hussain Mosque in Ottawa in May 2018.

The attack claimed the life of Abbas Essop.

Magistrate Irfan Khalil made the order in December following an application by the State for the voice sample.

During court proceedings, it was revealed that a preliminary voice identification analysis of Hoomer’s voice samples was conducted without this knowledge.

But on the recommendation of the State’s narrative stress voice analyst and voice biometrics examiner, it sought a further voice sample of at least 90 seconds of clear speech to make a conclusive finding.

During the ruling, Magistrate Khalil went through the background of the case.

He noted the murder and attempted murder charges related to the knife attack at the mosque.

“Even at an early stage of the investigations, the State alleged the attack had all the hallmarks of an ISIS terrorist attack, where one person, who was almost beheaded by the slitting of the throat, succumbed to his injuries. Another was viciously disembowelled and a third person sustained serious knife injuries.”

He said, apart from the knife attack, an explosive device was, at the time, also detonated.

This resulted in extensive damage to a library adjoining the mosque and artefacts on the premises.

“The nature of the attack, targeting of the specific mosque, the utterances by the attackers during the attack and downloads from the devices seized in the search and seizure operation, led the State to believe the attack was ideologically-motivated, underlined by tensions between so-called Shia and Sunni Muslims.”

It is alleged Hoomer was part of the international terrorist organisation.

“About a month prior to the mosque attack and in the two months following the attack, several other bombings and attempted bombings took place in and around Durban, where similar improvised incendiary devices to the one used in the mosque attack were used.”

The places that were targeted included the Woolworths stores at Gateway and the Pavilion shopping centres.

Various telephone calls, which were recorded, were subsequently made to Woolworths’ head office and the financial call centre by unknown callers.

This culminated in a demand for payment of 1000 Bitcoin into a Bitcoin wallet for the bombings at the Woolworths stores to cease.

Hoomer, together with others, were arrested shortly thereafter.

“A search and seizure was conducted at the premises, at Fulham Road in Reservoir Hills, and a similar incendiary device and Eco Candy (sic) handset to the ones used in the other bombings, including the mosque bombings, were found at the premises.”

He said the incendiary devices were analysed by the police explosives unit and, according to the State, bore the same signature of manufacture and were fitted with a similar Eco Candy (sic) cellphone handset which remotely triggered them.

A copy of the Woolworths call recordings were supplied to Colonel Vreugdenburgh of the Hawks, who heard the voice recordings several times.

When Hoomer was arrested and interviewed in the presence of his attorney, Vreugdenburgh recognised similarities between Hoomer’s voice and the voice recordings of the caller to Woolworths, said Magistrate Khalil.

“It is in dispute whether, at the time, a voice sample of Hoomer was requested.

“Hoomer’s attorney, who was present, denies a request was made.”

The State also alleged a link between the mosque attack and extortion incidents.

“This is based on the identical type of IE CD that was used in the arson, extortion and mosque attacks, the handset link and the modus operandi.

“Moreover, in the demand for payment in the extortion charges, the same Bitcoin address from the same handset but a different card was used.”

The State’s expert, Kobus Swart, analysed voice recordings obtained without consent when a telephone call was made by the investigating officer.

Swart compared the call to the various calls and it was found there was a reasonable match, a 36% likelihood, between the individual who requested to speak to Woolworths and Hoomer’s voice sample.

To make a conclusive finding, 90 seconds of speech is needed.

Hoomer has opposed this.

Magistrate Khalil found the identity of the Woolworths caller appeared to be the central pillar of the State’s case and there was a possibility the proposed voice analysis may exonerate Hoomer as the caller.

“I am of the view that a reasonable suspicion has been established to compel Hoomer to submit his voice sample for analysis and comparison to the Woolworths caller.

“On the available facts presented, there is no justification for the relief sought by the respondent that Mr Swart be excluded from any future voice analysis.

“The application by the State must succeed.”

Magistrate Khalil ordered that Hoomer submit to the state-designated expert, Swart, or any other expert designated by the State, his voice sample of at least 90 seconds in duration of the words, sentences and expressions.

Hoomer is entitled to have his legal representatives present, as well as his expert voice analyst.

“The voice sample must be submitted by January 31.”

Hoomer agreed to comply with the order. 

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