RSBM
He ought to encourage HvB to thrown in the towel IMO.
Im speaking generally here, but a barrister/advocate cant know his client is guilty, even if the client admits that he is, because its not unknown for innocent people to plead guilty for a variety of reasons, even to murder (obviously Im not referring to this case).
No matter what an accused has done, he is not legally guilty until the prosecutor offers enough evidence to persuade a judge or jury to convict.
The lawyers trial tactics and arguments must focus on the States failure to prove all the elements of the crime.
They are ethically bound to vigorously represent all clients those who they think will be found guilty as well as those who they think are factually innocent.
HvB pleaded not guilty and theres nothing to be gained by changing his plea at this stage other than to save the further expense of his legal team. Irrespective of what Botha thinks, hes bound to defend on the basis of the plea.
I too think he will stretch it out as long as he can. Do you think he will be doing that for the income or for the fact that he really needs this case under his belt, so to speak? Is he a bad loser? I would guess that he is, or we would not have had so much totally useless guff from him as in this case.
Big high-profile cases are few and far between, and believe me, it's very financially rewarding to have a trial that lasts for months ... very. Barristers/advocates charge based on a sliding scale of fees and the scale is different for seniors and juniors. If a matter has a QC/senior counsel, his junior counsel is entitled to charge 2/3 of the QC's fees (as in Roux and Oldwadge). Botha is still a junior (which has nothing to do with his length of time at the Bar). In this trial I would imagine Botha is charging at the very top end of a junior's scale. His win for Dewani would have boosted his reputation significantly and may well be the reason he has this case.
Is he a bad loser? Let's just say that many barristers have big egos, and of those who do, they don't like losing. I always think of him having a streetfighter type of personality as he plays fast and rough and shows a lack of respect for others which shouldn't be present in a court environment.
As for the useless guff, if you have a weak case, and particularly if you think your client is guilty, you do have to make mountains out of molehills and try and score a point wherever possible. I can't stand it but understand why he's doing it.