We haven't finished witness testimonies yet, and have heard none of the defense testimony. We're not even half way through the case.
Listing the points above makes the case look flimsier than I first thought. Four of the points are regarding ear-witness reports, that are not all consistent. Which ever way you juggle them, they don't all fall in line. I can juggle them to make them nearly fit, but why is Roux going to bother doing that?
I can't speak for things that haven't been proven in your list yet, and neither can you. OP has stated his actions and he does not agree with the charge of murder with premeditation. He is not legally bound to do so. I'm not in the habit of thinking that where there's any doubt at all it should automatically fall on the accused because...oh wait, what's that line that appears in the SA Bill of Rights again...
Ei incumbit probatio qui dicit, non qui negat It's a Latin term that translates as: 'The burden of proof lies with who declares, not who denies.'
This is commonly referred to as 'innocent till proven guilty'.
No we haven't heard the testimonies yet - but we've read OP's claims and we've heard some testimonies.
Everything I have referred to comes directly from what we've heard in court. I am not making anything up.
OP says he shouted on the balcony before he broke down the door. Stipp says he heard these shouts after the last set of bangs. He describes where they came from and it fits exactly with Oscar's balcony.
This directly contradicts OP's affidavit.
The pathologist says it would have been unnatural for Reeva not to scream after being shot, she could even have done so briefly after the shot to her head.
Oscar says the were no screams - three credible witnesses say there were, and they are all adamant they were female.
Oscar says he smashed down the door with the cricket bat. The forensics show that the door was not smashed down with a cricket bat - the panels were prised out.
Oscar says he was on his prosthetics when he hit the door causing the minor gauges. The forensic opinion is that he was on his stumps.
Oscar says he was wearing his legs when he went into the blood soaked toilet and pulled out Reeva. There are no bloody foot prints anywhere in the house.
It's astonishing that anyone can truly be of the opinion that there's no evidence disputing his story....so far it all does.
Sorrel is spot on: If you believe OP then none of the evidence fits. If you acknowledge that he may not be telling the truth, then all of the evidence fits completely with the state's case.
State's case so far (that I can ascertain):
Oscar and Reeva were fighting - Van de Merwe
An altercation happened in the bathroom where OP did things that scared Reeva (cricket bat on door - a bang but not smash) Vermuelen/Stipp
Reeva screamed - Berger, Johnson, Stipp
OP argued back at her, calling help after she did in less distressed way - Berger, Johnson, Stipp (Stipp less certain, but DID mention possible man's voice in first police interview)
Rapid shots too quick to be a cricket bat - Berger, Johnson, Stipp
Bang...bang, bang, bang - Berger, Mangena
Reeva could have screamed during shots - Saayman
Female screams during shots - Berger, Johnston, Stipp
Man's voice calling "Help, help, help" from the direction of OP's balcony AFTER last shots
You think the state's case is weak?
Oscar's version
Oscar: Early dinner, early bedtime for both around 10pm
Saayman - Reeva was up and eating around 1am
Oscar: There was no argument
Van der Merwe - for the best part of an hour listened to one side of a loud argument, female voice, coming from the direction of Oscar's house. Later loud crying which she thought was a woman, but hubby says Oscar.
(It's amusing what OP supporters/believers try to do here - on the one hand, there's no evidence it was actually Oscar's house, but on the other the fact she apparently mistook Oscar's voice for a woman's is clutched at as evidence that he sounds like a woman when he screams!
A) Loud crying is not screaming. Does he cry like a woman too? Stipp said he certainly sounded like a man crying when he heard him.
B) If there's an acknowledgement that the cries were coming from Oscar's house, why dismiss that the argument came from there too? Merwe said they came from the same place. And even if she did hear Oscar, was he arguing by himself for an hour?
C) Irrelevant that security didn't hear this argument at 2.20. Merwe clearly heard someone arguing in the street - kept her awake for an hour and she got irritated by it. Whoever was arguing - OP/Reeva or another neighbour - they were quiet at that particular time. Unless Merwe is a bare faced liar or fantasist)
Oscar: I shot Reeva. I heard no screams and had no idea it was her till I went back into the bedroom
Saayman - she almost certainly would have screamed. It's an automatic reaction and she would probably have screamed at the headshot too
Berger, Stipp, Johnson - We all heard screams interspersed with a man's voice
We also heard screams that were pretty much ended by the shots
Oscar - that was me. I scream like a woman except when I shout for help like a man. I also cry like a woman, except when there's someone to actually witness me do it, and then I sound like a man.
Oscar - first thing I did after the accident was run to the balcony and shout for help. This was before I broke down the door with the cricket bat
Stipp - A few minutes after the last bangs, I was standing on my balcony pointing security in the direction of OP's house when I clearly heard a man shout for help from the direction of OP's balcony. There were no more bangs after that.
Seriously?
And that's just on the evidence we've had so far.