AJ_DS
Former Member
- Joined
- Jun 18, 2014
- Messages
- 836
- Reaction score
- 0
I didn't think you meant 'ha ha' funny. I'm sorry if in my reply it seemed that way. It's too easy to misunderstand when communicating this way!
Maybe our problem with the Stipps evidence is a differing approach to evidence. This is a court case and I'm trying to see the evidence from the perspective of the court which involves using the rules of the court. These rules were familiar to Adv Nel so when the State didn't contend that Dr Stipp's 10111 call wasn't at 3.17 or that Johnson's call didn't start at 3.16, he would have been aware that for the court, the Stipps' version of events doesn't agree with the calls evidence. We've already covered the rest - surely Dr Stipp's and Mr Johnson's phone records were available and yet not produced. If they weren't available from the phone company then why not.
The times of Dr Stipp's calls in relation to the bangs no longer matter that much as the evidence conflicts. But yes, I'd say he and his wife heard both sets of bangs and he made the 3.15 call between them.
I find most of Dr Stipp's evidence pretty reliable but like all witnesses, he could have made mistakes. He heard and saw many things and each should probably be judged on their own merits. I don't believe the bit about seeing the light on immediately after the first bangs.
BiB… Tell me about it !!
I agree "the State didn't contend Dr Stipp's 10111 call wasn't at 3.17"… Roux contented Stipp made the 10111 call at 3:17… but there is no evidence of that at all… if you want to follow the rules of the Court, you must concede that unfounded attorney contentions are meaningless.
I agree "the State didn't contend Johnson's call didn't start at 3.16"… Roux chose 3:16 as the start time because it helped his timeline… but the evidence before the Court is that it could have started or ended at 3:16.
Also, it is important not to misuse the term "conflicting evidence"… the Stipp's testimony evidence does not conflict with the phone data evidence… the Stipp's testimony evidence is simply not corroborated by the phone data evidence… there is a BIG difference between "conflicting" and "not corroborated" if you adhere to the rules of the Court.
As for Dr. Stipp, you find him pretty reliable except he was confused and made the following mistakes :
- His belief he attempted to call security twice from his bedroom, once after the 1st set of bangs and once after the 2nd set of bangs... is wrong because he only called once
- His belief he talked to Baba after the 2nd set of bangs… is wrong because he talked to Baba between the 1st and 2nd set of bangs
- His belief everything went quiet after he talked to Baba… is wrong because there was more screaming and another set of bangs
- His belief he saw the lights turned ON in OP's bathroom after the 1st set of bangs… is wrong because... ??? (...it contradicts OP and would jeopardize his version of events ?)
- … and Stipp's wife made the exact same mistakes.
If this is true then what about the Nhlengethwas :
- Stipp's call to security at 3:15:51 after 1st set of bangs heard by Stipp and his wife
- Nhlengethwa's call to security at 3:16:13 after 1st set of bangs heard by Nhlengethwa and his wife
- After the 1st set of bangs, Stipp and his wife both heard loud screaming and the 2nd set of bangs from a distance of 72 meters
- After the 1st set of bangs, Nhlengethwa and his wife both heard nothing but silence and eventually some crying from a distance of 9 meters
… How do you explain it ?
Did both Nhlengethwa and his wife make the exact same mistake and completely forget about the screaming and the 2nd set of bangs ?
How is it even possible for 2 people, 9 meters away who can hear faint crying, be unable to hear loud screaming and the repeated strikes of a cricket bat on a door… taking into consideration your earlier statements :
- "bats can sound very similar to shots"
- "putting all his might into swinging at the door"
- "he's an Olympic athlete so probably much stronger than most"
… and let us not forget that Johnson and his wife both heard from 177 meters away the screaming and the bat strikes at 3:17 which were loud enough that they mistook them for gunshots !!!!