08 Aug 2014
Masipa adjourns the court and says judgment will be handed down on 11 September.
08 Aug 2014
Masipa questions where Roux got the examples of other cases he brought to court.
08 Aug 2014
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."
08 Aug 2014
Masipa asks about the indemnity of Fresco.
08 Aug 2014
Roux reads a case relating to a photo.
08 Aug 2014
Nel: If his intention was to kill the human being behind the door. Then he is guilty of murder.
08 Aug 2014
Nel: He intended to kill a human being. There was a human being behind the door.
08 Aug 2014
Nel: Mr Roux said not call things by name, but look at the principles of law.
08 Aug 2014
Nel says the witness's evidence was that she ate two hours before.
08 Aug 2014
Nel says the two defences by the prosecution are not mutually exclusive, they are mutually destructive.
08 Aug 2014
Nel says the length of the cord was never part of their baker's dozen.
08 Aug 2014
Nel says he never made mention of the length of the cord.
08 Aug 2014
Nel says the multi-plug could not have remained in the position that it was.
08 Aug 2014
Nel says the state has not made an issue over the length of the cord.
08 Aug 2014
Nel: We cannot ride roughshod over rules of admissibility.
08 Aug 2014
Nel says he thought someone would give evidence about the photograph.
08 Aug 2014
Nel: We now have a photo before the court. No meta-data available. The person who took it did not testify.
08 Aug 2014
Masipa asks about the CCTV footage. Nel says he has no problem.
08 Aug 2014
Nel: Yes - grant indemnity.
08 Aug 2014
Nel: the test is whether he answered all the questions posed to him honestly.
08 Aug 2014
Masipa asks whether she should grant Fresco his indemnity in terms of Section 204.
08 Aug 2014
Nel says the chronology in their heads is based on phone data.
08 Aug 2014
Masipa: I have three issues I want you to address Mr Nel.
08 Aug 2014
Nel says he has no intention of abusing the process, but wants to talk about the photograph they received this morning.
08 Aug 2014
Masipa: What if the court wants to hear it?
08 Aug 2014
Roux: It is unfair for the State to have the last say.
08 Aug 2014
Roux: There is nothing new that we presented.
08 Aug 2014
Roux says the state could exploit a none replication of reply.
08 Aug 2014
Roux: I don't know Mr Nel is going to do, but I want to put this on the record.
08 Aug 2014
The court is back in session.
08 Aug 2014
The court breaks for a brief adjournment.
08 Aug 2014
Roux asks for a two minute adjournment.
08 Aug 2014
Roux: That's our case My Lady.
08 Aug 2014
Roux: Was the shooting reasonable? If yes, then the case is over.
08 Aug 2014
Roux: It comes down those 20 seconds in the accused’s life where he was standing at the entrance to the bathroom.
08 Aug 2014
Roux: You have all the facts, you have to determine. We have made our submissions. He was not negligent.
08 Aug 2014
Roux: It comes down to the split second, one minute, thirty seconds in accused's life when he stood in front of door.
08 Aug 2014
Roux: A reasonable person without legs will protect himself.
08 Aug 2014
Roux: The court will look at this and say up to the door we fully understand conduct.
08 Aug 2014
Roux: If you found he was reasonable he needs to be acquitted.
08 Aug 2014
Roux: It needs to be a value judgement.
08 Aug 2014
Roux: Was he negligent? Was he acting reasonable? Would reasonable person have acted differently? It's a value judgement.
08 Aug 2014
Roux: When considering the conduct - take the legs off, slow burn effect with anxiety, then you have the reasonable man.
08 Aug 2014
Roux: In culpable homicide, also consider capacity...if you find against us, 'reasonable man' is not like every other person.
08 Aug 2014
Roux: I made the bold submission that this case should be about culpable homicide.
08 Aug 2014
Roux: The State's contention falls flat... then we go to capacity, and I've dealt with that.
08 Aug 2014
Roux: He's wrong in what he was thinking, we must not confuse it with an intention to murder.
08 Aug 2014
Roux: Did the accused foresee that the deceased with the toilet and reconcile with that?
08 Aug 2014
Roux: He genuinely thought she was in the bedroom.
08 Aug 2014
Roux: He went back and did not see her, that's when it dawned on him. That is when the crying started.