In cross examination he conceded he gave a very poor description of the attacker, that nobody would be able to place the attacker based on his description
Accused was not a suspect at the time he spoke to Sgt Kleynhans. He told his version of the events communicated with Kleynhans in English
Accused said he was in the bathroom, heard someone attacking his brother, then his father came into the room, he was attacked, mother and marli attacked outside his vision, he fought the attacker who then fled and he threw the axe at attacker as fled
The trial within a trial- Sgt Malan testified, this centred around a violation of the accused constitutional rights
State argued accused was not a suspect at the time, Defence argues that he was treated as a suspect
Only the evidence of Malan regarding whether he was a suspect or not was lead, nothing stated by Malan implied that he was a suspect, Malan was criticised by the defence counsel for apparently inconsequential reasons Malan was a good witness
In light of peculiar circumstances of this case, public interest requires the admission of the evidence as it was all the police had on that day, one witness to say what happened
At the time of deposing to the police statement he did not have insight into the independent expert evidence
He testified that certain aspects were incorrect, he wanted to go home but if he had had legal advice he would not have changed anything he would have better understood the consequences of wording it correctly
During his testimony he conceded discrepancies between plea explanation and police statement, there should be no distinction in the mind of the people of the importance of a police statement, he conceded that he would compromise the truth under oath
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