Roux: We quoted it, it is in our heads.
Roux: Again it is not the accused that is failing to take the blame in count 4. He says his father wanted to put his ammunition in a safe place.
Roux: He thought that he could do that. And I informed the court yesterday that the Firearm act does not make provision for that.
Roux: What is I go to Mr. Oldwages house and I have my firearm with me and do not want to sit with it on me, and I ask Mr. Oldwage if I can put it in his safe. Then the police came and say Mr. Oldwage doesn't have a license for it.
Roux: The act does not make a provision for this .
Roux: We gave the state ample time to check this, OP says it is his fathers and that he does not have a license for that type of gun to begin with.
Roux: But it is a valid response.
Roux: My lady, in dealing with the main charge. Can we look at the real common.
Roux: There were 4 shots fired, 4 hole sin the door and 4 empties is the room. Not 3 shots fired.
Roux: Subsequent to the shots, the door was damaged by the cricket bat, it was cracked. When the door was cracked the hole from the bullet was already there.
Roux: That shows that the shots were fired first.
Roux: We got a number of concessions from Vermeluen regarding the door.
Roux: The third one was after the shots that the deceased would not have been able to make a sound.
Roux: There were two sets of sounds. according to the witnesses both sounds resembled gunshots to the layman.
Roux: It is also the evidence of Mr. Wolmarans that the stiking of the cricket bat against the door would never sound as loud as the gunshots.
Roux: We have the evidence, the cricket bat striking is not as loud as the gunshots.
Roux: All we have now is to take objection. What we say to you, my lady is the following is we took telephone data such as the security data.
Roux: Dr. Stipp called, it last 16 seconds, we have the 3:16am again with a man crying. We have Dr. Stipp saying I was on the line at 3:17 trying to get through to 10111 when I heard another shot.
Roux: We have Mr. Johnson saying that at 3:16 he was on his phone. He said he heard the screaming and then a shot while on his balcony.
Roux: What we know is that the second sounds at 3:17am, the first sounds was before 3:15am.
Roux: In order to say what was the sounds at 3:15am. We look at Mr. Johnson's notes. Note that were edited three times.
Roux: We go to Mrs. Shingeshwa's evidence, she heard a 'Bang". She said she woke her husband up, and he went and checked their house.
Roux: So now we are at about 3:12am it is then almost the same as Mr. Johnson's notes.
Roux: We know that we have a 5 minutes about inbetween. So now we say lets now see what else we can determine.
Roux: We have a man, the accused shouting 'Help". If we look at Burger she says she woke up at some time before 3:16am.
Roux: Mr. Johnson the exactly same, hearing "Help, Help, Help". It fits in.
Roux: We go to Viljoen and she says she also heard the exact same thing.
Roux: We ask in relation to the first sounds, she answers about 5 minutes.
Roux: So we say hang on it is absolutely what Mr. Johnson says, it is what Burger is also saying.
Roux: So we could determine that, now we can at least say 4 minutes. We now the first shots were about 3:15, we know the 'Help, Help, Help' was about 2 minutes later.
Roux: We have those facts, there was one complicating matter was Dr. Stipp. He said that 'Help, Help; Help' was after he had called the security guards. At that time he was at the accused house.
Roux: So we go and we sum up every witnesses evidence with reference.
Roux: Now we now the timeline. May I do this my lady?
Roux: Because it is quite important, I ask you to go to page 91 of the Heads of argument.
Roux: I apologize my lady for this.
Roux: We give you the reported times and this is the relevance for the supported facts. We give you the telephone records. We give you the guard track reports.
Roux: We can then determine where the witnesses evidence fits in.
Roux: We know then the following, at 2:20am the security activated the guard track next to the accused's house. It is relevant because if there was an argument downstairs, then surely Baba would have heard it.
Roux: He said everything was normal. He would have told us if there was an argument at 2:20am in the morning.
Roux: It is an objective fact, it cannot be at the accused house.
Roux: We also show that 3 or 4 minutes later Baba passed the accused's house while on his way to the next security check. And everything was fine.
Roux: We then come to 3:15am of Mrs. Stipp seeing someone walking in the bathroom.
Roux: We know that it could only have been the accused, we know that he was not wearing his shirt, we've seen the photos.
Roux: We know that the accused was on his stumps.
Roux: We know now on the states evidence that at 3:15am, the accused was on his legs to try and open the door.