Court is back in session.
Roux: My lady, we file comprehensively on Thursday. To get it to them on the Friday. So many times the process is abused.
Roux: I just want to remind the court the state cannot address you unless there is something so particular.
Judge: What if the court wants to know something?
Roux: That is totally different my lady.
Nel: My lady, if it may please the court. I have no plan to abuse the process. However on new photographs handed in.
Judge: Before you do that, may I ask Mr. Roux or yourself some questions.
Judge: The cellphone data is that in there.
Nel: Yes, all the phone data is available.
Judge: The second thing I wanted to address the court on is Mr. Fresco. Do I grant him indeminity?
Nel: My lady, he answered all the questions put to him.
Nel: I have no problem with that.
Nel: First thing my lady, when the defense showed photographs to witnesses. I am dealing with OO.
Nel: You may have allowed it at that time that someone will confirm the time as to when that photo was teken.
Nel: The defense indicated that "we" got it from the state. I cannot deny it. We cannot run rough shot.
Nel: Now we have Mr. Roux getting up saying look at what Van Rensburg is doing.
Nel: The photograph that was handed in this morning is not numbered. I am not objecting to that being handed in, may I just say that the state has not made an issue about the length of the cord.
Nel: Page 1692, I put to the accused if the multi-plug remained in the position that it is in now, it would not have reached.
Nel: The accused stated that if he looked at photograph 55, that with the cord in the fan would have been able to be plugged in.
Nel: The multi-plug would have to stay where it is, if it doesn't have to be moved would the fan be ablet o be plugged in. There was no place for another plug.
Nel: As far as the murder, Mr. Roux tried to explain how you can reconcile this. Those two offences are so mutually destructive.
Nel: Then my lady, there is one other point. The defense pointed out that we said that the deceased ate hours before she was shot. Our witness said, he thinks that she ate 2 hours before she was shot.
Nel: The fact that there was hours in our statement. Our witness says in his inference that she ate 2 hours prior to the shooting.
Nel: Mr. Roux then said let us not label them, let us look at the principles.
Nel: The accused intended to kill. His intention was to fire at the toilet door. While knowing that there was a human being behind the door.
Nel: There must be consequences. You cannot, say because he did not know that it was the deceased behind the door he is not guilty. He still shot someone behind a closed door.
Nel: In this short period of the time, my lady.
nel: I say it with the utmost respect, I am happy with resting my case.
Roux: My lady, can I read, dealing with the photographs.
Roux: "it is not unreasonable to ask if the person took the photographs, if the person does not recognize the photograph"
Judge: I want to know about Mr. Fresco and the indenitity?
Roux: He lied about that most crucial part of his testimony. He was not a good witness. He was not open and honest with the court.
Roux: That is up to the state to determine whether to cross-examine him. He did not met the standard laid down by the court.
Judge: You are saying for example, where did you get these from?
Roux: It is in the heads, my lady.
Nel: My lady section 4 and the indemnity. I will make sure that Mr. Fresco and whoever is need will be here to address you.
Judge: I want to thank my team and we shall be back on here on the 11 September 2014.