Good morning all. It is 08.14 in the morning, CT, Western Cape; South Africa.
Shane13 - this is for you. :drumroll: (I can't keep up with the threads and the pace at which they move - apologies, I have had a hectic start to the working 'mini week' and I am struggling to work back through all the posts.
RE: the phone and scene.
Firstly, as you know, I do believe the phone was removed from the scene by an 'Oscar' friendly. I do not believe it was Brig (Prof) Labuschagne. His presence at the scene was (I believe) on personal request, by Micki P. I do not believe the Prof attended the scene with much clue as to what had 'gone down', but rather as a favor to a former colleague (and mentor of sorts).
This is not as uncommon as what it may appear to be. My husband has requested the presence of a specific officer (friend) to assist me when a screeching lunatic drove into me. I realize this is a little different in terms of 'seriousness', but here in SA, if you know someone, you ask for assistance. (Especially amongst those with 'public profiles' - and no, I'm not included in that segment of the population :blushing

This is what I believe Labuschagne was doing there. At this stage, as is common procedure when a person is killed at the hand of another, the 'suspect' is arrested on charges of murder - it always starts with murder. Remembering that at this stage, information was scarce and all Oscar had said was that he 'thought Reeva was an intruder'. Oscar gave no further statements to the police at all, with Clarice Stander running 'PRO and communication' by all accounts. For policeman such as Labuschagne, the TRUE nature of the killing would only become evident much later.
I have great regard for the man's work, and I don't believe Gerrie Nel would re-open the state's case and allow him to present as an expert if he wasn't 100% certain of said expert's integrity in this regard. If there is any question, I have no doubt Major Bronwyn Stollarz will do the necessary (she has been in court).
If I am proven wrong here, I will be 'gutted'.
However, that there were 1 or 2 other 'Oscar friendly' policemen on the scene and involved with the integrity thereof with 'less than noble intentions' is NOT beyond the realms of probability. Botha was NOT one of those - funny as it may seem, I do believe the man approached the scene incorrectly, BUT without malice. I believe he was guilty of 'attending the scene expecting it to be a simple LEGITIMATE kill' as per Oscar's 'I thought she was an intruder'. In the hours that followed on the scene, it became clear to him and others, all was not as it had initially seemed to be. They were negligent, nothing more. (Botha and Oscar did have a history though, as I have mentioned before, resulting in Oscar instituting a civil claim for 'False arrest' in 2008)
In fact, most of the policemen involved with the scene were guilty of nothing more than 'believing the initial story re: events'. Only my opinion of course.
Now: Oscar would have told 'someone' on that scene about the importance of the phone, of that I have no doubt. The only person I believe would have had the 'capacity and capability' to remove anything from that scene with help from a 'friendly' would be someone with authority (real or suggested). I do not point simply at a police official here, I believe a civilian was involved - a civilian who would have had the necessary 'bulk and pull' to wander around.
I believe the relevance of the phone would be 'message' related and NOT call related. I say this because the police had already received a print out from the service provider, Vodafone (from them directly) listing ALL calls made. In fact, it was these print outs that alluded the police to the fact that there WAS in fact a 2nd phone. The police had obtained a court order for records on the number of the phone they had in their possession. Vodafone then sent them TWO sets of records for TWO different numbers. It was only here the police realized the existence of phone No 2. For the call records to have specifically been altered, would also mean a conspiracy involving Vodafone, as they would have had to be involved. Calls registering at specific towers would have to be erased - that is some serious inside help from Vodafone then? This to me is improbable, simply because a conspiracy usually fails when 2nd, 3rd, 4th and 5th parties become involved.
But; even though the service provided; Vodafone (Vodacom) record data usage, the actual messages/content etc is held by the servers of the specific app/product/website being accessed with said data. It is THIS information which can be deleted/cleared from a phone's history.
By the time the police received the phone, there would be no record of reference for them to check. I.e: If Oscar had sent messages via a 3rd party app, there would be no record of this. In other words, bar the phone calls registered and sms's specific messages recorded by Vodafone (towers) there would be no record of activity with regard to ANY 3rd party activity - websites/chat apps etc. All deleted, along with the history on the various 3rd party sites/apps.
For example: I spoke to a friend who owns and runs an 'Over 18' chat sites/dating sites and he stated that messages sent between users are kept for 10 days, due to storage capabilities on servers. Those messages for example are only stored with the 3rd party. I am not sure what an organisation like 'Whats App' storage capabilities would be.
I'm no expert here, but I do believe the phone held some sort of evidence relating to further motive - even if this was recorded in activity up to 7-10 days before the incident itself.
Oscar was a powerful figure in SA, with many wanting to bathe in the light of his success. 'Starf***rs love him'. However, I don't believe there was a concerted 'state driven' attempt to put a spanner in the works of later proceedings. If this were true, I believe it would have been 'squashed' on the day, and the charges withdrawn very early. The fact that it entered the criminal justice system at all, tells me the 'state' were serious from the get go. When they appointed Gerrie Nel, it was almost clear that they wanted something out of this. Others might be 'dodgy', but in this man (even though he is human with faults and by no means perfect) you have someone for who there is NO grey area. When he was falsely arrested in an attempt to derail the Jackie Selebi prosecution (and Jackie Selebi was FAR MORE POWERFUL than Oscar could dream to be) he spent his night in the police cells and went straight to work after the charges against him were withdrawn.
I believe in the inherent sense of justice Gerrie seems to carry within him.
I understand the direction from which you are coming COMPLETELY, and there is certainly a ring of truth with regard to certain elements you mention. I am also a little perturbed that the only mention of the phone we have on court record is the defence admitting that they only handed the phone in 16 days after the incident. Perhaps Gerrie didn't want to chase it further in protecting his case - which fortunately, does not only rest on phone records, but on a woman screaming with a stomach full of vegetables before being shot.
What I haven't had time to do yet, is revisit Col van Rensburg's testimony. I have a feeling I have missed something there in terms of the integrity of the scene and folk wandering around aimlessly.
I applaud your courage in stating what you do. I enjoy your reasoning as well.
I might also perhaps be a little protective of people involved with this case that I 'know' and 'trust' in terms of their work ethic. I will be gutted with a capital 'G' if one of them has feet of clay.
Final thought for this post: Whilst Oscar had a following in high places - the people in these 'high places' would throw him under the bus faster than a tissue, rather than be tainted by their connections to him. This is the South African politicians WAY. No jokes. They would be far more concerned with public opinion and being 'seen' to respect justice than standing by Oscar in ANY way, shape or form.
The NPA will be going all out, and hoping that whatever took place on the actual scene doesn't come back to bite them. This however, was through no fault of their own (The National Prosecuting Authority) as they weren't there.
I have more :scared: but I must get coffee and toast.