If she did flush the loo, it doesn't rule out the argument theory. She could still have fled in there, locked the door, and hey, if she needed to go, why not?
It would rule out the idea that the door wasn't locked, though - unless something happened that suddenly escalated the situation. The trigger could have happened while she was in the toilet.
Either way, if she flushed, he had to have have known it was her in there.
I believe we should keep in mind that we ONLY have OP's word as per :
1- The toilet door key being in the toilet door lock on a permanent basis
2- Reeva having locked the toilet door
The SOLE element which enables the Defence argument about the sequence of events (i.e. gun first then bat) is that the toilet door was locked and that OP had no choice but to break it down.
Without that locked door scenario, the damage to the toilet door would be INEXPLICABLE in the context of a mistaken identity intruder version of events… one could NEVER place bat strikes AFTER gunshots which is essential in a mistaken identity version… and bat strikes BEFORE gunshots would destroy the mistaken identity story and point to a classic DV scene that escalated.
Absolutely NOTHING in the evidence corroborates OP's allegation that the toilet door was indeed locked.
The alternative version without a key and locked toilet door is quite simple :
- Reeva is scared and takes refuge in the toilet cubicle whilst screaming
- OP is enraged and bashes around in furious anger (toilet door, bath panel, wall tiles)
- Toilet door is damage
- Reeva is terrified she holds onto and pulls on the door handle whilst screaming even more terrified
- OP fires 1st shot : right hip… Reeva looses all motor function in her right leg, she collapses downward with hands still on the door handle for stability, right arm pressed against her chest
- OP fires 2nd shot : right arm… Reeva looses all motor function in her right arm, let's go of the door handle and falls backwards
- OP fires 3rd shot : it misses… Reeva shields her face and head with her left arm/hand
- OP fires 4th shot : left hand webbing and skull… Reeva collapses fully to the right, slumped over the toilet bowl
- OP must camouflage the damage caused by the cricket bat for the intruder story
- OP kicks the toilet door in attempts to bust out the panel
- OP inserts the cricket bat into prior damaged portions and uses it as a lever to crack the door panel
- The crack will always follow the path of least resistance (i.e. through a bullet hole which offers no resistance)
- OP tears out the panel completely
- OP fetches the key from the bedroom and places it the toilet door lock