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07 Aug 2014
And with that we close updates. We'll be back tomorrow (Friday) as the defence continues giving its final argument. Cheers.
07 Aug 2014
Roux: once you measure the evidence against objective facts, there's a difference between reliability and credibility.
07 Aug 2014
Roux: Stipp tells us about accused shouting help help help at a time when no-one else heard it...that was after 03:30.
07 Aug 2014
Roux repeats that Nel had to move gunshots from 1st to 2nd shots because it would destroy evidence of his witnesses.
07 Aug 2014
Roux: If the shots were at 03:17, how would the accused have been able to do all things he had done? Its impossible.
07 Aug 2014
Roux: what about the 1st set of shots? Heard by neighbours. This isn't fantastical evidence.
07 Aug 2014
Roux: All these difficulties appear in state's case because they were
forced to vacillate.They had to say 2nd noise were the shots
07 Aug 2014
Roux rejects Nel's claim today that RS and OP might have been arguing in kitchen in early hours. "It doesn't fit..."
07 Aug 2014
Roux on Tashas shooting: Yes, the accused was negligent when handling the firearm. We will deal with that.
07 Aug 2014
Roux now pointing to the "incorrect" translation that Van Merwe "woke up" when it was actually "she got up".
07 Aug 2014
Roux defending his client strongly over this - 'You cant call the accused a liar because scene was disturbed'
07 Aug 2014
Roux says he has more photos showing the police have been telling untruths about crime scene and trying to make OP "a liar."
07 Aug 2014
Roux says defence now has photo that shows cord was long enough. Cord itself went missing.
07 Aug 2014
Roux getting quite high-pitched. His frustration and anger making itself clear in his tone.
07 Aug 2014
Roux: it was put to accused that the extension cord cannot reach the plug...we asked for the cord to test it...
07 Aug 2014
Roux: We know that police picked up and moved things, it happened. Now state demands we show conspiracy.
07 Aug 2014
Roux: I show seriousness of this aspect...we're not talking about a conspiracy, but expect things to be there, and they're not...
07 Aug 2014
Roux: You cannot dump a police official onto the defence... that's not what a criminal trial is all about.
07 Aug 2014
As Roux speaks, Kenny Oldewadge sits back in his chair, his head held high as if he's thinking "Exactly. Take that, Nel".
07 Aug 2014
Roux argues the state is unfairly using OP's gun charges to bolster their murder case. Says they cannot be linked.
07 Aug 2014
Roux: State said accused wasn't anxious, but it's not to say two hours later when he perceived danger he's not anxious.
07 Aug 2014
Barry Roux says he wants to correct some 'material facts' made by the State. The advocate is speaking even slower than Nel.
07 Aug 2014
He had lots of time for reflection, he armed himself in the bedroom. That's pre-meditated, says Nel.
07 Aug 2014
Nel: we have the accused armed and ready, with gun pointed at door. A reasonable man won't fire without cause
07 Aug 2014
Nel tells judge that if she rejects state's version, she must still find OP guilty of murder.
07 Aug 2014
Nel goes on - OP acted with 'dolus eventualis' i.e. he fired 4 shots into small toilet and must have known he would hit and kill.
07 Aug 2014
Nel insists objectively assessed there was no imminent attack on the accused and he armed himself ready to shoot.
07 Aug 2014
Nel: Even if you accept OP's version of intruder, he cannot escape conviction on murder with dolus directus' i.e. intent.
07 Aug 2014
Nel uses the baton in the relay race metaphor again. He talks about disqualification for dropping it.
07 Aug 2014
Nel: It's strictly not allowed to hold onto ammunition if you don't have a permit. The intention is irrelevant.
07 Aug 2014
OP's father frowns, his hand to his mouth, fixed on Nel as the prosecutor speaks of OP's possession of his dad's ammunition.
07 Aug 2014
Nel: Count 4 - possession of the ammunition. OP wrote competency tests, he knew the law.
07 Aug 2014
Nel says this all shows that the athlete is incapable of taking responsibility for his actions.
07 Aug 2014
Nel on Tashas incident: The trigger safety prevents gun from firing if the trigger is not pulled.
