Judge: Before we start, I want to thank counsel.
Judge: We have only two days to do our work.
Judge: Unless you want to come in on Saturday and Sunday after church.
Nel: If I don't have to answer, my lady.
Nel: My lady if I may quote from my favourite author.
Nel: This was a case that we had to work on every day. Both the state and the defence had to work on this case very hard.
Nel: We have received the heads from the defence, may I refer to paragraph 4.
Nel: My lady we will have our heads on the screen.
Nel: In fact in the heads of argue the defence says we have two arguments.
Nel: My lady, it is two defences, we can never prove in trial. It is a alibi.
Nel: It is two defenses that we can never argue.
Nel: My lady, when we received the defenses heads, paragraph 9.
Nel: Where it reads "...which made it incapable of acting, then the alternative finding can only be that the accused didn't act"
Nel: My lady this will show how the accused painted his version. The weak performance that the accused showed in court during cross-examination.
Nel: If the accused's version is rejected in the court, then it means that there was no perceived intruder.
Nel: If one rejects his version, then there was no threat. That objective facts is what we have.
Nel: If there is no perceived truth, then the deceased locking herself in the bathroom at 3am in the morning felt threatened.
Judge: If you say fully clothed.
Nel: She had her shorts on, as in the way that she was when she went to bed.
Nel: May I then deal with paragraph 3 of our heads.
Nel: It deals with the cubicle in the bathroom linked to the main bedroom.
Nel: We will repeat that she was shot while standing behind the door in the toilet cubicle.
Nel: There will be arguments saying that she was standing at a slight angle or something like that. But what we have is Capt. Mongena that measured the door.
Nel: The wound clearing that was measured.
Nel: We have that the defence admitted that Capt. Mongena was correct.
Nel: We have that the accused fired four shots through the door. Using "black talon" ammunition.
Nel: There was two people there that night and we have on person deceased.
Nel: If he elects to give evidence and s found to be a lying witness, that is on his ones.
Nel: My lady in our opening paragraph, there is also that the accused is charged with discharging a firearm twice in public.
Nel: May I just mention the times and dates of these incidents.
Nel: It is issues that show dates from January 2013 to February 2013, when he discharged a firearm on numerous occasions.
Nel: Paragraph 12 is the possession of the ammunition. We will deal with this at a later stage.
Nel: We want to bring the fact that from September 2012, the accused has been using a firearm negligent.
Nel: Paragraph 15, we say that the accused started with a relay run, starting with the baton and you stumble and fall, dropping the baton.
Nel: You need to get back up and finish the run. You cannot just stop.
Nel: My lady, when we deal with general, it became aware that the accused cannot take any account for his actions.
Nel: The accused always based his actions on other reasons.
Nel: The accused version that he cannot be blamed for shooting 4 bullets through the bathroom door. He also said that he cannot be blamed for Mr. Fresco for handing him a loaded firearm.
Nel: My lady that will argue that there was an anxiety that caused him to act this way.
Nel: My lady, can I remind you that he was not anxious when he was pulled over by the Metro on their way back from the Vaal River.
Nel: My lady, in paragraph 20.
Nel: We are not saying that counsel should be blamed, we are saying that the accused should be blamed for not saying the truth.