missed 5 mins of start of Roux
Roux: It's not true to say Masipa ignored/fragmented approach evidence. Let's look at the screams
Leech interjects
Roux: state needed to make Q of law out of factual findings
Majedt: You yourself ignored Mangena evidence. Its back to Magmoed principles
Roux: Yes mangena was important but he eliminated the states case that he was on his legs, Mangena showed they were wrong as he was actually on his stumps (FFS!)
Majedt: I'll tell u why its important ( getting bit louder!) forget about stumps and DD
Majedt: bearing in mind the accused is familiar with firearms and he also uses lethal ammo/great damage to bodily tissues that is his knowledge
Roux: But we have to consider what OP was thinking. I concede that in my heads I did not deal with this extensively foresight about lethality
Leech; there was a reconstruction of the cubicle. In the record with the photos there are no dimensions
Roux : yes its relatively small
Leech :no its not relatively,there is no room for anyone to hide, wall provided no cover
Roux: No thats not true, if they hid behind wall, they were covered
Leech: No,l ook at rod trajectories in photo from taken above, nowhere to hide
roux: There is a wall , they would have been safe
Mpati ; Well Masipa said there was no room to manoeuvre isn't that true and a factual finding?
Roux : Ermm, er well yes but
Leech: No there is no room , it would be a miracle if u didnt die in that toilet.
Roux : I saw this photograph you are referring to
Leech: I'm sure you did ! ( pointedly)
( Oscar at home is choking on croissant!)
Baartman: he knew someone was behind the door
Roux : Ok I will accept you might injure and possibly kill someone But will this actually make a diff to the legal points here?
Leech : you didn't expand on this point in ur Heads, that someone was likely to die in that position/context
Roux : Conceding now. Let's go back to fragmented approach argument
mpati 15 min break
The technicians need to move those microphones now . Ha.
NB Not verbatim, paraphrased