As I previously noted in an earlier post, OP's brother is/was probably quite capable of assisting with the cell phone "inspection" so yes the six days before the DT revealed they had it was probably enough time to do whatever they needed to do with it. Also, someone had mentioned there was a time limit on how long things are stored on databases(subject of course to maintenance downtimes that often delete all backup data so as not to interfere with new patches etc) so whether some of the data could have been successfully scrubbed can also not be disregarded. As for getting rid of the phone, I doubt whether the DT would have thought that would be a good idea since wasn't that the phone that had been used for all the post killing calls, some apparently made by CS? As long as they could ensure there wasn't anything "bad" saved on it, ie pics, chat logs, videos, then I'm sure they thought it could only help their case what with the call to Netcare verified on it...
Edit: Oh yea, almost forgot, would any of the whatsapp messages been admissable if the phone had gone missing?
I agree with what you are saying… I'm NOT alleging that it is
impossible that the phone was successfully and invisibly tampered with… I'm alleging that it is very unlikely.
1. IMO, Roux would not take part in the illegal tampering of evidence… this would jeopardize his career as an attorney, could face criminal charges and jail time.
2. I believe that Carl and/or Roux browsed the phone's content to 'help' OP prepare his story… to make sure nothing would be stated by OP that would be contradicted by the phone's content.
3. The phone could have still easily 'disappeared'… the phone itself was NOT used to demonstrate any of the post-killing calls… the detailed billing from Vodacom's servers was used to determine ALL calls (including Netcare)… content of the phones 0020 and 4949 were NOT used at all, neither by State nor Defence.
4. All the Whatsapp messages read into the Court record and put into evidence originated from Reeva's 5353 phone… Naturally they would still be admissible if OP's 0020 phone had gone 'missing'.
5. What type of "pics, chat logs, videos, etc." could possibly require taking such a HUGE risk as tampering with evidence that you plan to return to the State for analysis by experts… I just can't see any… maybe a lack of imagination on my part… the only way it could make sense to me is if OP had planned killing Reeva in advance and was stupid enough to put the details of his plan on his phone… but we know that's not the case.
For sake of argument, let us assume that such an incriminating "pics, chat logs, videos, etc." did exist an was stored on OP's phone :
- Tampering with the phone's data would result in a ticking time bomb for the Defence the moment they disclosed it was in their possession… if the tampering was discovered, OP would immediately loose all credibility, Roux would be disbarred and both would face evidence tampering criminal charges… I doubt that OP and Roux would stake their lives on Carl's improvised iPhone tampering skills… especially since nothing useful to the Defence was in that phone.
- Destroying the phone would be by far the safe and intelligent thing to do… Police did not realize the 0020 phone even existed until 19 February…5 days after OP's arrest... the fact that OP's watch had already mysteriously disappeared whilst in custody of the Police laid the ground for Police inaptitude at preserving evidence in a crime scene… so many people were in that house that it would be impossible to retrace and determine who left with it… On OP's side : Aimee, Carl, Carice, Johan, Oldwage… On the State's side : all of the police and all of the investigators.
Finally,
- I believe OP DID tamper with evidence at the crime scene, albeit in clumsy way which, in the end, most probably did not help him in his fabricated version.
- I believe the absconding of OP's phone was NOT innocent… same as Reeva's purse (and possibly OP's watch)… someone thought it prudent to take it to protect OP.
- I believe that the phone was accessed and browsed after being absconded :
Roux stated on 20 February at the bail hearing that the 0020 phone was used by OP at 3:20AM to call Netcare… the exact Vodacom server time is 3:20:05… Roux could not have known that 3:20AM time without accessing the phone's content.