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Oscar judgment on 11 September - As it happened

By: Dane McDonald, News24 2014-08-08 15:20

VIDEO: Oscar's trial - day 41 summary


15:22 - Masipa adjourns the court and says judgment will be handed down on 11 September.


15:21 - Masipa questions where Roux got the examples of other cases he brought to court.


15:19 - Roux says Fresco lied about the most crucial part, and his evidence was contradictory. He should not be granted indemnity. "The court needs to decide."


15:18 - Masipa asks about the indemnity of Fresco.


15:17 - Roux reads a case relating to a photo.


15:16 - Nel: If his intention was to kill the human being behind the door. Then he is guilty of murder.


15:15 - Nel: He intended to kill a human being. There was a human being behind the door.


15:15 - Nel: Mr Roux said not call things by name, but look at the principles of law.


15:14 - Nel says the witness's evidence was that she ate two hours before.


15:12 - Nel says the two defences by the prosecution are not mutually exclusive, they are mutually destructive.


15:12 - Nel says the length of the cord was never part of their baker's dozen.


15:11 - Nel says he never made mention of the length of the cord.


15:10 - Nel says the multi-plug could not have remained in the position that it was.


15:09 - Nel says the state has not made an issue over the length of the cord.


15:08 - Nel: We cannot ride roughshod over rules of admissibility.


15:08 - Nel says he thought someone would give evidence about the photograph.


15:07 - Nel: We now have a photo before the court. No meta-data available. The person who took it did not testify.


15:07 - Masipa asks about the CCTV footage. Nel says he has no problem.


15:06 - Nel: Yes - grant indemnity.


15:05 - Nel: the test is whether he answered all the questions posed to him honestly.


15:05 - Masipa asks whether she should grant Fresco his indemnity in terms of Section 204.


15:05 - Nel says the chronology in their heads is based on phone data.


15:04 - Masipa: I have three issues I want you to address Mr Nel.


15:04 - Nel says he has no intention of abusing the process, but wants to talk about the photograph they received this morning.


15:03 - Masipa: What if the court wants to hear it?


15:02 - Roux: It is unfair for the State to have the last say.


15:02 - Roux: There is nothing new that we presented.


15:02 - Roux says the state could exploit a none replication of reply.


15:01 - Roux: I don't know Mr Nel is going to do, but I want to put this on the record.


15:00 - The court is back in session.


14:58 - The court breaks for a brief adjournment.


14:58 - Roux asks for a two minute adjournment.


14:57 - Roux: That's our case My Lady.


14:57 - Roux: Was the shooting reasonable?  If yes, then the case is over.


14:56 - Roux: It comes down those 20 seconds in the accused’s life where he was standing at the entrance to the bathroom.


14:56 -

Roux: You have all the facts, you have to determine. We have made our submissions. He was not negligent.


14:55 - Roux: It comes down to the split second, one minute, thirty seconds in accused's life when he stood in front of door.


14:55 - Roux: A reasonable person without legs will protect himself.


14:55 - Roux: The court will look at this and say up to the door we fully understand conduct.


14:54 - Roux: If you found he was reasonable he needs to be acquitted.


14:54 - Roux: It needs to be a value judgement.


14:52 - Roux: Was he negligent? Was he acting reasonable? Would reasonable person have acted differently? It's a value judgement.


14:52 - Roux: When considering the conduct - take the legs off, slow burn effect with anxiety, then you have the reasonable man.


14:50 - Roux: In culpable homicide, also consider capacity...if you find against us, 'reasonable man' is not like every other person.


14:50 - Roux: I made the bold submission that this case should be about culpable homicide.


14:49 - Roux: The State's contention falls flat... then we go to capacity, and I've dealt with that.


14:49 - Roux: He's wrong in what he was thinking, we must not confuse it with an intention to murder.


14:48 - Roux: Did the accused foresee that the deceased with the toilet and reconcile with that?


14:48 - Roux: He genuinely thought she was in the bedroom.


14:47 - Roux: He went back and did not see her, that's when it dawned on him. That is when the crying started.


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