GUILTY South Africa - Susan Rohde, 47, murdered, Stellenbosch, 24 July 2016 - #2

[tmar]

Awww, okay tmar, thank you so much doing them. *hugs*

You have been 'blackmailed here'.
Thanks.

 

[Tortoise]

Sorry I am out of sync with everyone due to my late start. I will now replay the first hour I missed. Hope to catch you all later.

 

[PrimeSuspect]

Jenna Etheridge (@JennaEtheridge) | Twitter

We are back. LVN turns to Jason's testimony.

LVN: Jason attempted to rationalise why his wife might commit suicide and he knew he was trapped. He could have easily unlocked that bathroom door. Logically, he could have tried to open it. He travelled often, he knew hotel doors could be opened.

LVN submits that Jason "reconstructs, he is argumentative in the way he testified and answered questions". He says Jason can't explain the real material differences between his version and that of Desmond Daniels.

LVN on Jason: "He is in a habit to lie and tone down things and the court must certainly take this into account when weighing up versions of the accused and Desmond Daniels".

The State turns to the evidence of Dr Reggie Perumal, the defence's pathologist who did a second autopsy on Susan Rohde days after the first one.

 

[Tortoise]

I've just started the afternoon session. Judge is not giving off good signals, IMO. She looks huffy and bored, unfortunately.

 

[Tortoise]

I hope she gives the same attitude to the defence.

ETA I have been very impressed with her up until today. She has been impeccable and very alert.

 

[tmar]

I hope she gives the same attitude to the defence.

I think she will.
I hope the Defence Attorney loses his cool.
LVN continually explained, when the Judge interjected.
I think Spuy won't be able to do this.

 

[PrimeSuspect]

I hope she gives the same attitude to the defence.

ETA I have been very impressed with her up until today. She has been impeccable and very alert.

She's been a breath of fresh air, totally on the ball. She may be challenging LvN, wants his responses on the fly, hopefully she will do the same to the defense, otherwise she's already shown her hand.

 

[PrimeSuspect]

Jenna Etheridge (@JennaEtheridge) | Twitter

LVN says that Perumal was disadvantaged doing a second autopsy because of distortions in anatomy and the position of stitches in the neck.

On thyroid cartilage, LVN: "Dr Khan was there first-hand and there was no evidence of an incision. He observed a fracture. He was there and it was fresh. Not much pressure is needed to smother a person with a pillow".

LVN: Perumal spoke about a nosebleed but not even Jason noted a bleeding nose. Such an injury is inconvenient to you. One would cough up or sneeze blood or definitely complain. If not a nosebleed, where did it come from? It must be a lung injury.

LVN argues that there are differences in pathologists' testimonies because 'suicide was staged' . "All of the evidence together points to the fact that she did not hang herself, she was placed there".

LVN: A post-mortem examination alone is not enough to be adamant about a cause of death. This was a concession made by defence's Dr Perumal.

 

[PrimeSuspect]

Jenna Etheridge (@JennaEtheridge) | Twitter

LVN says it is inconceivable that Susan could have sustained all her abrasions and injuries from a simple fall, as stated in Jason's version.

In proving a case beyond reasonable doubt, the State says it doesn't have to explain every inconsistency: "It is trite law that the State does not have to close every avenue of escape".

On Dr Loftus, the defence's other pathologist, LVN says: he worked from photographs alone and it is a secondary method. "I would submit, with greatest respect, he is biased towards the accused's version", specifically on the time of death.

 

[PrimeSuspect]

The judge is stating JR's version is probable? When they returned to the bedroom, there were no more wattsup messages, there was an intermission between Susan and JR's fight, and he went to sleep.

Edit: LOL I thought I was watching it live! So there was no live streaming after the break?

 

[tmar]

The State’s Heads of Argument are 208 pages long and the Defence’s 39 pages.

So if LVN thinks he may be completed in ONE day, and Defence are citing 2 days, it will be a 'nightmare' listening to the Defence.
Yet, as stated in the first sentence, the Defence only has 39 pages: so imagine all the rubbish, Spuy may come out with.
I would think, the Judge will cause him major problems.
I certainly hope so.

 

[tmar]

The judge is stating JR's version is probable? When they returned to the bedroom, there were no more wattsup messages, there was an intermission between Susan and JR's fight, and he went to sleep.

Yep.
During this time, the accused may have been 'killing her'.

 

[Tortoise]

The judge is stating JR's version is probable? When they returned to the bedroom, there were no more wattsup messages, there was an intermission between Susan and JR's fight, and he went to sleep.

I didn't hear her say any of that but I did skip a bit to catch up during Perumal's summary. What I heard was wtte that she will ask LVN to state why the accused's version is not reasonably possibly true.

Hmmm.

 

[Tortoise]

The State’s Heads of Argument are 208 pages long and the Defence’s 39 pages.

So if LVN thinks he may be completed in ONE day, and Defence are citing 2 days, it will be a 'nightmare' listening to the Defence.
Yet, as stated in the first sentence, the Defence only has 39 pages: so imagine all the rubbish, Spry may come out with.
I would think, the Judge will cause him major problems.
I certainly hope so.

No he's agreed to condense it tonight and finish tomorrow.

 

[PrimeSuspect]

Jenna Etheridge (@JennaEtheridge) | Twitter

LVN finishes his argument. Defence lawyer Graham van der Spuy asks for early adjournment and promises he will finish his argument tomorrow. Salie-Hlophe postpones the matter until tomorrow at 9:30am.

 

[Tortoise]

Did she state his version is probable?

 

[tmar]

No he's agreed to condense it tonight and finish tomorrow.

Are you saying Defence will finish tomorrow?

 

[Tortoise]

The judge is stating JR's version is probable? When they returned to the bedroom, there were no more wattsup messages, there was an intermission between Susan and JR's fight, and he went to sleep.

Edit: LOL I thought I was watching it live! So there was no live streaming after the break?

I can't work out what you saw. Yes it was live after lunch..

 

[Tortoise]

Are you saying Defence will finish tomorrow?

Yes. estimated to finish by 3:30, early start at 9:30, half hour for lunch. Then she will re-examine LVN for 30 mins until 4pm.

 

[PrimeSuspect]

Did she state his version is probable?

She says it's a possibility. That there was a ceasefire, she says JR disengaged from the deceased and from the world around him and how can the state dispute this? LvN attempts to! He says there's ample evidence of how the deceased argued in the past, she would persist.
The judge says the deceased behaviour is consistent to JR's version, that after an argument, she would allow him to sleep and then wake him later to continue.