Trial Discussion Thread #16

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  • #441
WC is specifically the toilet and/or the toilet cubicle. NOT a bathroom (although a bathroom may contain a WC).

WC is specifically the toilet and/or the toilet cubicle. NOT a bathroom (although a bathroom may contain a WC).

WC = Water Closet, and a bit of superfluous knowledge (if knowledge can ever be superfluous) to lighten up a little because only OP is on trial here!:

THE FIRST WC
We had to wait till 1592 before the next milestone in sanitary science was achieved. This is when the rather well-to-do godson of Queen Elizabeth 1st got terribly bored with his lifestyle (he was a poet) and set about designing what we now know to be the first ever, fully functioning and self contained Water Closet.

His invention was something we can now all recognise but not many people of his time did. It was a major breakthrough in sanitary science and toilet design. It was an efficient and reasonably hygienic means of disposal of human waste. It had a cistern containing water. It had a seat and a bowl to receive the deposit. It had a means of flushing away that deposit using a sudden rush of the water. It was a genuine WC. A brilliant invention. Years ahead of its time. And, like all great new products, devices and gizmos, it was very expensive. It came in at £1 10s 8d, around £1000 in today’s money.

Regrettably, it didn’t catch on. No-one could afford it, and only two were ever constructed. Harington made one for himself for use at his home in Kelston Manor in Bath, Somerset, England and the other for use by his godmother, Queen Elizabeth 1st at Richmond Palace, on the River Thames. (Actually, a third WC was actually constructed in 2001 and is now on display in the magnificent sanitaryware gallery at the Gladstone Pottery Museum, Longton, Stoke on Trent.)

Harington was ahead of his time and we had to wait another 200 years before the next glimpse of the sanitary future came along. This was when Alexander Cumming invented the first Valve Closet.

And if anyone needs to know more... http://www.bathroomassociation.org/pdf/toiletstory-p1.pdf
 
  • #442
"Originally Posted by DebinGA View Post
IIRC Capt. Mangena said position of shots indicated OP was likely on his stumps shooting from his shoulder, not from his waist as he would have if wearing his legs. He said OP shot RS from no closer than 60 cm (2 ft.), but did he say how far back OP could have been? Roux probably wants OP as far away as possible, but do we know where OP has claimed he was as he shot?"

Mangena said from a minimum 60cm to as far back as the wall.

Would OP needed to have been leaning on the wall, do you think, to support himself when he fired? There must be quite a bit of backfire from a gun like that and surely if you weren't supporting yourself on something if you're on your stumps, you would end up losing your balance?
 
  • #443
Since the spray was not continuous, but appears to have happened a couple times, maybe once, it seems her heart wasn't really beating, but giving final flutters or spasms. This leaves the door open for the shots to have occurred at either time.

And I don't think we've gotten the timeline nailed down yet. 17 minutes is not ringing true to me, it's all messed up with different people reporting different times and clocks being fast. When Stipp was asked to guesstimate that it was 10 minutes between bangs, he said, I wouldn't say 10 minutes. And if Oscar's other neighbor testifies he will say, presumably, he heard a set of shots around 3:08, further adding to the confusion. It's not clear cut yet.

Well both Mrs & Mrs Stipp were awoken at around 3am by a first lot of bangs. They then heard screaming for 15-17 minutes before the second lot of bangs. If the first lot of bangs were not the gun shots, when did they occur? The defence have already argued very strongly that the second lot of bangs could not have been gunshots.

Indeed, Roux expended a great deal of time and energy trying to persuade Dr Stipp that he was mistaken and that the first lot of bangs could have been shots and the second lot the cricket bat.

I've already answered this question.

I don't know exactly when or what time the defense plans on contending the bangs happened as they have not presented their case yet. The questions was has the defense said the first set of bangs happened at 3:00? The answer is no.
 
  • #444
How's this for a theory:

Oscar and Reeva argue in the bedroom earlier in the morning starting before 2am

Estelle van der Merwe is woken at 1.56am by the noise of a fight.

It is hard to make out but she hears a woman's voice, but does not know where it is coming from

She tries and eventually gets back to sleep

At some time the bedroom door may have been damaged

At some point the arguing calmed down only to begin again later

Oscar picks up or threatens to pick up the cricket bat

Reeva starts to feel scared. She runs from the bedroom up the corridor to the bathroom

(She may have even opened the window thinking about getting out)

(Oscar may have argued with her in the bathroom and thrown her jeans out of the window)

She locks herself in the toilet.

The toilet is dark

He hears the door lock and is furious that he cannot confront her directly

The light in the toilet was broken so she could only see by the far away street lights

She does not have time to phone for help

Mrs Stipp has a bout of coughing which wakes her up

She looks at her clock which says 3.02. (Clock was fast - actual time about 2.58)
(She will look at her clock again at 3.17 actual time about 3.13)
The clock is now running and the defence must account for how OP used up this time an did not confirm to himself that he shot Reeva for another 15 minutes.

Oscar comes into the bathroom with the cricket bat. The light may already be on or he may now switch it on

He may or may no be on his prosthetics.
The damage shows the angle of the cricket bat in the door is consistent with being hit by a shorter person standing in a natural position
The damage is also consistent with a taller person leaning into the hit, putting their body weight into the blow to use maximum force.
After the defence case it is unlikely that this will be reliably decided.

Reeva sees the light go on, she may scream which is not heard due to the locked toilet or
does not scream so as not to escalate the situation.

Mr Stipp is woken by 3 loud bangs
Mrs Stipp is fully awake and hears 3 "gunshots" as OP hits the door with the cricket bat and moments after a woman screaming
Roux tries to make out that Mrs Stipp slept through the first "shot" by first lying to the court about her being "asleep" when cross examining Mr Stipp
She has line of sight to the bathroom window from her bed.

The "shots" are OP hitting the door breaking it. There are only 3 hits

The cricket bat has broken out a piece of the door along the weakest line of the joint at the right edge of the top inner panel
It runs almost the complete height of the panel and parts of it are the splinters lost from the door exhibit
Only the Stipps heard these "shots"

At this point OP may break away some other part of the panel. Now the panel is broken parts may be relatively easily lifted out

(Note: The toilet and bathroom windows are frosted. The toilet window is separate to and to the left of the bathroom window. The bathroom window has 3 sections, the left section was open. The Stipps could see straight in through the open section where the bathroom light appeared bright)

Mrs Stipp see's the bathroom light on and crucially LIGHT IN THE TOILET almost as bright as behind the closed part of the bathroom window.
She described it as a "light on in the toilet"
Mr Stipp said he ALSO SAW "LIGHT" IN THE TOILET. but it was not as bright as in the bathroom window - it would certainly not have been as bright as the light from the open part of the bathroom window.
He did at one point say he didn't see a "light on" in the toilet as he thought it was not bright enough for this.
The defence sought to confuse and negate this evidence. It appeared as if the Stipps disagreed about there being light in the toilet, which they did not. It was a difference in description only.
The fact that the Stipps had not colluded to clarify and strengthen this evidence is telling
THE STIPPS SAW THE BATHROOM LIGHT THROUGH THE HOLE OP MADE IN THE TOILET DOOR
If both Stipps saw light in the toilet straight after the first sounds which OP said were only gunshots then OP must have been lying.
Roux had already told the court that OP said the toilet light was broken.

Reeva's screams could now be heard clearly through the hole and out through the open bathroom window (Stipp said the screams were clear and unmuffled)
Roux argued Monday 4 March, Session 3 at 28.00min in support of MB hearing OP screams that should be easy to hear through same open window at the distance

The Stipps go quickly to their small balcony, they hear a woman/female screaming.

They say the screams were "moments" after the shots.

At about 3.03 (2.59 actual time) "just after 3" the Bergers are woken by Reevas screams. (They did not hear the door being hit)

Mr Berger very roughly estimates there is 2 minutes before the cries of "help"

After 3/4 min the Stipps move to their big balcony for a better view

Mr Stipp goes in and spends some time during the following events calling:
Silverwood Security No answer
Called 10111 - not in service

Its is now about 3.05/3.06 (3.01/3.02 actual time)
Reeva screams help help help
Oscar shouts help, help, help mocking her. He may have been in the bedroom at this point as Mr Stipp said the helps were muffled.

The Bergers call security

There is continued screaming some of which may not have been heard as the witnesses were busy getting dressed/phoning

Oscar goes to get his gun.

Reeva can see out through the hole in the door and she knows Oscar is coming with the gun

Her screams intensify. Mrs Berger says "to a climax"

Mr Berger is on his balcony and hears the same

Mrs Stipp hears this as screams coming closer as if along the road

He then hears "2 /3 loud bangs". Thinks it is shooting

The Bergers hear shot....shot shot shot taking
The shots lasted 3.5 seconds with a longer approx 1.5 second pause between shot 1 and 2

Mrs Stipp hears a man screaming just before the shots, she cannot make out words then hears 3 shots.

Mrs Stipp has just looked at he clock. It says 3.17 (actual time 3.13)

For a short time it was together with the woman screaming. There was differences in the pitches at the same time.

Estelle van der Merwe and her husband now both hear bang bang bang bang, her husband says they are gunshots

OP now angry beyond control comes into the bathroom
As he does so he raises his gun and fires four shots, moving towards the door and to the right as if to try to see Reeva through the long narrow vertical hole in the door
He may be on his stumps and firing with the gun raised to his eye although as he is moving this would seem odd
He may be on his prosthetics firing from the hip. He had a trapped easy target so as he was moving at the time this would seem more likely
The bullet holes are not tightly grouped and not consistent with double tapped shots.

Reeva fell back onto the magazine rack where a ricochet hit her

The next two shots hit her in the arm and head, She screamed as long as she could but it died away after the last shot.

The screams dying away after the last shot were heard by the Bergers and Mrs Stipp

Estelle van der Merwe describes silence after the shooting

When Mr Stipp goes back on the balcony and hears a man shouting "help" "help" "help"

Security arrive and talk to the Stipps on their balcony

Mr Stipp again went to the other balcony and watches Security leave

Mr Stipp sees a light coloured figure moving from right to left through the bathroom window

Mrs Stipp initially reported the same but retracted this when she realised it was her husbands recollection.
She also "remembered" the event before the final shots not after

Mr Stipp said the bathroom and toilet lights did not change at any time

Mrs Stipp said the bathroom and toilet lights did not change at any time

Oscar with prosthetics now on, probably realising the terrible truth of what he had done, pulled out the rest of the panel, got the key and dragged her out.

It was as he was breaking down the rest of the panel that the bullet hole that the bat man expert pointed out caused a crack in the wood to deviate.

It was only 1 hole that showed this effect. It has been heavily assumed including by me, maybe wrongly, that all the shots preceded all the bat hits.

Oscar horrified at what he has done picks up Reeva and carries her downstairs where he is met by Security and later Dr Stipp.
 
  • #445
Perfect/good aim = 1 head shot.

Where and if the bullets hit would be totally unknown from OP's side of the door.

Not if a piece of the upper panel was broken out before the fatal shots.

The claim that it was a difficult target, and yet OP had a 75% hit rate therefore means it was random, un-targeted shooting makes no sense.
 
  • #446
We've already covered this G! You're behind!

Tell me I'm behind ! I just can't keep up. Maybe I should just desist and just follow the trial or I'll keep having to say sorry all the time. Sorry.
 
  • #447
Yes they have. Mrs Stipp heard the first shots at 2.58 or so.

Yes, and the states case is that she was killed by a bullet to the head at 3.17. The state cannot go back and say oh wait, we made a mistake, it was actually a bullet to the head at 3.08 after the first set of shots...that doesn't sound right to me IMO.
 
  • #448
Iirc, Mangena tracked the missed bullet as hitting the wall in front of the door above the magazine rack and ricocheting on from there, in which case it couldn't as of your theory that OP "had aimed at the toilet" but missed knowing either a burglar or Reeva was there.

IMO it is not this kind of "intentionally" that the prosecution is aiming for in the charging doc, rather "intentionality" as a technical issue, i.e. that it is reasonable to expect OP to have known that shooting 4 times blind at a door of a reduced area he knew there was a person behind, could possibly result in death. And I reckon that the prosecution, the judge or anyone else will be really hard pushed to show OP actually tracked the victim, whether burglar or Reeva, and didn't just shoot blind in anger at a door behind which he either thought was a burglar or knew was Reeva.
Thanks for your point of view.
I am a little confused now because I thought bullet b lined up with a laser with point E on the wall which I understood was the furthest one on the left ( on the part of the wall that looks like it is built round the soil stack ) and was a direct hit if I remember rightly .
In any event all the rods that are shown in the door are pointing right to left which is more towards the loo .
All I can say is if it was me and I was going to try and hit an intruder I would have shot straight forward as well as left and right but I have no experience with a gun so probably not best placed to comment :-)
 
  • #449
IMO, that the trajectory was low down shows me, just MO, that OP was trying to shoot to scare rather than kill. If he were you'd more expect the aim to be higher, to have a better chance of hitting something useful as opposed to the legs. Unfortunately, Reeva collapsed.

Shooting four black talons into a small toilet stall was just to scare somebody?

Seriously?

Unfortunately (?) Reeva collapsed?

Do you really believe this or were you being sarcastic? It's hard to tell the intent sometimes on a forum.
 
  • #450
Well both Mrs & Mrs Stipp were awoken at around 3am by a first lot of bangs. They then heard screaming for 15-17 minutes before the second lot of bangs. If the first lot of bangs were not the gun shots, when did they occur? The defence have already argued very strongly that the second lot of bangs could not have been gunshots.

Indeed, Roux expended a great deal of time and energy trying to persuade Dr Stipp that he was mistaken and that the first lot of bangs could have been shots and the second lot the cricket bat.
Well, the Stipps both heard at least 6 bangs/shots at different times, all that tell us is that they could not tell the difference between the bat shots or gun shots because we know there was only 4 shots fired by a gun...regardless of what everyone speculates what bangs came first at this stage. It's quite a flaw for the state IMO as witnesses have to concede at some point that they may have heard the bat shots to the door/wall/tiles/etc etc.
 
  • #451
This Netcare "bring her in" stuff makes no sense what so ever, there is not a chance he would be told to bring her in with those injuries, they would have dispatched help and gave him instructions on what to do, if she was alive like he said and therefore i presume breathing he would have been told to focus on the wounds, i.e cover the wound with what ever he could, apply pressure to the wounds.
It doesn't add up.
 
  • #452
Yes, and the states case is that she was killed by a bullet to the head at 3.17. The state cannot go back and say oh wait, we made a mistake, it was actually a bullet to the head at 3.08 after the first set of shots...that doesn't sound right to me IMO.

I do not believe the state will try to argue that at all. They have not made a mistake. It is the defence who is trying to suggest that Reeva was shot earlier than 3.17 despite the witness testimony and the blood spatters suggesting that there was still blood spurting when she was carried downstairs.

I was making the point that the defence will need to explain how Reeva could have been shot at just after 3am in the devastating fashion she was shot and still manage to produce aortic spurts of blood when she was being carried downstairs nearly 20 minutes later when Baba arrived at the house.
 
  • #453
Since the spray was not continuous, but appears to have happened a couple times, maybe once, it seems her heart wasn't really beating, but giving final flutters or spasms. This leaves the door open for the shots to have occurred at either time.

And I don't think we've gotten the timeline nailed down yet. 17 minutes is not ringing true to me, it's all messed up with different people reporting different times and clocks being fast. When Stipp was asked to guesstimate that it was 10 minutes between bangs, he said, I wouldn't say 10 minutes. And if Oscar's other neighbor testifies he will say, presumably, he heard a set of shots around 3:08, further adding to the confusion. It's not clear cut yet.

We do know with certainty that it wasn't 3:17am because the security phone records show Dr. Stipp talking to Baba and reporting the gunshots (2nd set of bangs) at 3:15:51. I'm guessing those 2nd bangs were between 3:14 & 3:15.

The first set of bangs were heard by Mrs. Stipp at 3:02am according to her clock which may have been a few minutes fast. Also, Baba testified that the guards who were working that night heard gunshots at "shortly past 3am". So the first shots were likely some time between 3:00am and 3:02am.

This is the closest we can come based off of what we know. We are looking at roughly 12 minutes+ in between noises.
 
  • #454
Since the spray was not continuous, but appears to have happened a couple times, maybe once, it seems her heart wasn't really beating, but giving final flutters or spasms. This leaves the door open for the shots to have occurred at either time.

And I don't think we've gotten the timeline nailed down yet. 17 minutes is not ringing true to me, it's all messed up with different people reporting different times and clocks being fast. When Stipp was asked to guesstimate that it was 10 minutes between bangs, he said, I wouldn't say 10 minutes. And if Oscar's other neighbor testifies he will say, presumably, he heard a set of shots around 3:08, further adding to the confusion. It's not clear cut yet.

http://drum.co.za/celebs/hes-heartbroken/
If you're talking about his friend CM, he described them as "thunderclaps" and stated that even though he stayed awake for a time waiting for the rain to start(which it didn't) he heard nothing further. Then about an hour after the "thunderclaps" he got up and looked out to see his friend's house all lit up with police cars outside.
 
  • #455
Thanks for your point of view.
I am a little confused now because I thought bullet b lined up with a laser with point E on the wall which I understood was the furthest one on the left ( on the part of the wall that looks like it is built round the soil stack ) and was a direct hit if I remember rightly .
In any event all the rods that are shown in the door are pointing right to left which is more towards the loo .
All I can say is if it was me and I was going to try and hit an intruder I would have shot straight forward as well as left and right but I have no experience with a gun so probably not best placed to comment :-)

This was one of the things that I could never understand about Oscars story.
If he was as terrified and in fear of his life when he fired the first shot why didn't he empty the gun into the door?
 
  • #456
Tell me I'm behind ! I just can't keep up. Maybe I should just desist and just follow the trial or I'll keep having to say sorry all the time. Sorry.
Anyone who doesn't want to take the time to answer or repeat can scroll past. Most people on WS the years I've been here have been really understanding that not everyone can be here every week, let alone everyday. There are lots of people who are really interested in the outcome and development of a case but real life just doesn't allow them to follow as closely/often as they'd like. :) It isn't an offense worth an apology, in my opinion. We gotta make do with the cards life deals us...I, however, don't think you should stop posting as a result.

JMO
 
  • #457
I'm sure he will get a long sentence.

It's a tragic situation that is hard for any of us to imagine. That aside, there is such a huge difference between killing your girlfriend without realizing she was there, and stalking and terrorizing your girlfriend before killing her.

That is the most important thing I want the trial to ascertain. Reeva's family deserve no less, and OP should receive the correct punishment. If he did kill Reeva unintentionally, he will still probably serve many years in prison, and will have to live with the fact that he killed his girlfriend.

If the court gets it wrong then he has a triple punishment. Serving many years in prison, having to live with the the fact that he killed his girlfriend, and being labelled as a man who terrorized his girlfriend.

I agree .. but .. it's actually Reeva who deserves the correct verdict, at the end of the day. If she went through hell that night with a lengthy, vicious argument being terrorised and chased all over the house , and then went on to receive even worse hell with those bullet injuries, then it is she who deserves the correct verdict and sentence to be passed, and it is for her memory that her final moments should be recorded correctly and not attributed to a made up story by OP.

I actually would prefer the truth to be that it was OP's version of events, because out of the two hideous choices, his version would've been marginally better for her .. I'm not particularly concerned about whether the verdict turns out right or wrong for him, but it must be the right verdict for Reeva and it must be put on record exactly how she died. Hopefully, if it was a domestic violence incident, then some good may come out of it by being such a high profile one .. and Reeva's horrible, tragic, death won't all have been in vain.
 
  • #458
Was the right hand side gap in door from missing splinters/wood out from the door before the shots were fired? Thanks
Sadly, I believe those splinters were lost by the police somewhere along the way but need to confirm. :)
 
  • #459
IMO, that the trajectory was low down shows me, just MO, that OP was trying to shoot to scare rather than kill. If he were you'd more expect the aim to be higher, to have a better chance of hitting something useful as opposed to the legs. Unfortunately, Reeva collapsed.
You don't shoot four Black Talon 9 mm bullets at someone to scare them IMO. These bullets are designed to inflict maximum tissue damage. The ME Saayman said the wounds to RS's hip and arm each, alone, might have killed her because of the massive bleeding.

How about this instead: If you want to scare someone in the toilet, you fire once at the ceiling, and then yell at them to stay inside the toilet until the police arrive or you'll shoot to kill.
 
  • #460
Thanks! I think what is happening here is that many are assuming that the blood spatter guy read the autopsy report before he did his investigations and wrote up his investigation report, he obviously did not.

I agree 100% with what you're saying.

So little blood in the bathroom indicates heart wasn't pumping out blood onto the floor. I don't care what the blood splatter guy says.

Google how much blood does heart pump in a minute.

Answer comes up 1.3 gallons per minute. Bangkok video shows what that looks like.

There is no way Reeva's heart was pumping out significant blood in the bathroom. Its just not there.
 
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