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.
Roux: Unless the states say that he quickly took off his prosthesis to fire the shots and then put them back on.
Roux: The next page at 3:15,51am there was a phone made by Mr. Stipp.
Roux: 3:16,13s was another call to security.
Roux: We now at 3:19,03 the accused called Johan Stander, 3:20 the accused called 911, the accused then called security.
Roux: It I may just mention that Baba mentioned that he received the called from Mr. Stipp, that is why he went to Dr. Stipps' house.
Roux: Mr. Baba reacted o his call and went to his house and spoke to him. That was observed by Mr. Shingwesha.
Roux: We now Mr. Baba arrived at the accused's house when he called him at 3:22. He says he got out and he saw the accused carry the deceased down.
Roux: We get further evidence from Viljoen and Stander that say they received the call. They also saw the accused carry the deceased down the stairs.
Roux: But according to Dr. Stipp his call didn't go through, yet the records show a 16seconds call.
Roux: And Baba responded.
Roux: To go to the next time, we say it is approximate 3:24, Dr. Stipp followed to the house. We know this as he followed Baba.
Roux: Stander says that Stipp followed shortly after Baba.
Roux: Everyone saw what Dr. Stipp did, he examined the deceased and saw there was no help. He then walked out and tried to phone Wilgers and they said phone 911.
Roux: 3:27 Dr. Stipp's attempt to call security. He says he was at his house. It cannot be, it did not go through.
Roux: Then there is the photograph showing the ambulance arriving, then at 3:50 there is the paramedics declaring the deceased.
Court is adjourned for tea break.
Roux: My lady, I am going to deal with the first sounds to demonstrate to you why the first sounds were the gunshots.