Roux: Then we move back and say what about the other witnesses. We say we have determined where the screaming was.
Roux: It was before, and between the first shots and the seconds sounds.
Roux: Now we have Burger hearing a woman screaming, you have Johnson going to his balcony to hear better, you have Mrs, Stipp hearing a woman screaming and you have Dr. Stipp hearing a woman screaming.
Roux: Burger, Johnson, Dr. Stipp before 3:15 could also hear a man scream, it was intermingled.
Roux: After 3:15am Dr. Stipp did not hear anyone screaming. But Mrs. Stipp did hear more screaming.
Roux:The male voice was screaming before 3:15am and during and after.
Roux: Then we go to Johnson and Burger and the real screaming of the man. Johnson says it was not as if they were having a fight but as if they were being attacked.
Roux: Later in the evidence Burger and Johnson say that it was not.
Roux: But in his notes it clearly shows that Johnson heard anxious screams from a man between the first and the second shot.
Roux: If you look at Mrs. Van Der Merwe's evidence, you have a woman who got up, could not sleep.
Roux: Walked to Farming, even when the sound test was done in 2014, she got up and walked to Farming not to the accused's house.
Roux: On the states case on her evidence there was argument, not screams and then the shots, 4 shots. 4 shots we understand, there was 4 shots fired.
Roux: We know on her evidence that there can be no doubt that she heard screaming, shots and a woman crying out. We know that she heard the accused crying.
Roux: No on the states case they say there was screaming and then the shots, we know that there was 4 shots and then the second shots.
Roux: Then we must ask ourselves the question " what was this?"
Roux: We know that Johnson and Burger heard the same screams that the other witnesses heard.
Roux: After the first shots they interpreted the screams after the first shots as a woman's screams. But we know that this was the accused. A high pitched voice, not a woman's, crying out loud.
Roux: Loud screaming, someone desperate.
Roux: Then there is Mrs. Motshwana, she doe snot have the telephone call to the security guards to track her timeframe.
Roux: She stated that she guessed it about 3:20am, we know that, that cannot be as there was no screaming at that time. So we asked her again if there was anything else.
Roux: Was it before Viljoen and Stander arrive? She stated yes about 5 minutes before. So we know she heard the screaming then at about 3:15am.
Roux: However, now the state needs to make the second sounds the gunshots but of course in the same process must ignore the first sounds and the cricket bat.
Roux: There were four shots. Burger states that she had music as a child and cannot make a mistake. So we say well lets look at Dr. Stipp. He says he heard 3 shots.
Roux: Johnson states that he doesn't know 5 - 6 shots.
Roux: The notes, edited and edited again by Johnson. So how many shots did Burger hear? 4 to 5 shots. How is that. What has happened to the exact 4 shots by this musical person.
Roux: If you look at the notes that Johnson originally made, he stuck to it 4 - 5 shots.
Judge: Are you talking about the notes that were taken by Johnson.
Roux: Yes. You just have to read the last paragraph in the exhibit. You have to ask where did Mr. Johnson get the 4 - 5 shots.
Roux: They discusses it with friends.
Judge: But you could also say the Johnson was wrong?
Roux: Yes, my lady. Visa versa.
Roux: Lets make it easy my lady if I may. If you apply the law, you say what will my finding be, if the states version is that there was 4 shots.
Roux: The states does not explain to me the first shots, they do not explain the time frame. There is a witness that says there were 4 shots, there is a witness who said he heard a folly of shots.
Roux: It goes further than this, that is not where it stops. Lets look.
Roux: Lets assume for a moment that the state is correct and that they did not explain about the shots.
Roux: Lets look at the time. We know what the time was. We know the accused made the call at 3:19, so we talk about 1:30 minutes. Now we have to try and look at all the actions.
Roux: He said he shouted "help, help" when he went on to the balcony. He put on his prosthesis. His footprint is there.
Roux: It is on the door forced by a kick. He then had to go back to get the cricket bat.
Roux: I have illuminated the fact of looking for the deceased. He must then look for the key. Then he must go back and then he phoned Mr. Stander.
Roux: When would he have done all these things between 3:20 and 3:27. It is impossible.
Roux: We deal with all the steps here.
Roux: Page 109, we dealt with who heard what. Let's look at the possibilities.
Roux: That Burger, Johnson, Viljoen all heard a scream for 'help'. Lets try possibility and give it a place an time.
Roux: If suggested by the state, does it make sense that before firing shots that the accused shouted 'help'. Would it make sense that after firing the shots, that the accused then shouted 'help' from his balcony.
Roux: It makes more sense that he would shout 'Help" after the firing of the shots.