Nel: That is important. Those other messages are not important. That indicates two people talking to each other without really talking to each other.
Nel: My lady, now when Mr. Van Zyl testified. We were able to listen to the email regarding Samantha Taylor. And how the accused also wanted to take Samantha to London.
Nel: Reeva was not the first person that the accused wanted to take away.
Nel: Without any venturing a reason. If you deal with the act on hearsay, the first thing you do is say why this person cannot do this.
Nel: My lady, "Graveystein" affidavit was never tested. Why would the defense want to bring it in as evidence if the witness cannot be in ocurt.
Nel: We know that the accused will have his view and his argument as to how we should see this.
Nel: That is the message that Reeva sent to the accused in December 2012.
Nel: I will read another one.
Nel: My lady, I know the defense will argue at length about these messages. 90% of the time he made her happy, but 10% of the messages she was unhappy. And 7 days later she is dead.
Judge: Mr. Nel, are you saying that relationships are not up and down?
Nel: No, there are ups and downs.
Nel: What I am saying is if one takes the dates of these messages. I know that between these messages there were lots of loving messages.
Nel: This incident lead to a deceased person.
Nel: Wht we have is the accused saying that they were happy. In his opinion they were happy. I am not saying they weren't, but with problems.
Nel: Those problems started on the 27 January 2013, that is when it started. It was not a normal relationship, this relationship ended in death.
Nel: We say my lady that the accused version that they were a loving couple, spending a night together. But this is not an objective fact. At least the "whatsapp" messages show another fact.
Nel: What I will do now is run through the other charges.
Nel: Count 2 - Firing of a shot through a sunroof. We are not saying there was no fault in the evidence from the other two people present. They came forward on different occasions. And stated that the accused fired a shot through the sunroof.
Nel: They both testified that the Metro police stopped them. They both said that on that day the accused had to see someone about a gun or gun papers.
Nel: He said they are both lying and that they never visited anyone about a gun.
Nel: But let it just as the court should do, evaluate the evidence.
Nel: It was in a public place as pointed out to Van Aardt.
Nel: If we look at the entire day, he took his gun with him on a boat and left it under a towel while swimming, then when they left he had the gun on his position.
Nel: To criticize Samantha Taylor as to where they were driving. She said she did not know where they were going, she was sitting in the back of the car.
Nel: They all agreed that they were pulled over.
Nel: There is also the contradiction that the accused testified that the accused wanted to shoot at robots. Where they did agree was that the accused fired through the sunroof.
Nel: Count 3 - It is a clear indication of the accused not being able to take acceptance for his actions. The firearm that was discharged in the restaurant.
Nel: The accused has admitted that he should not have taken the firearm under the table before ensuring that it was safe.
Nel: The accused says that he did not discharge the firearm but that it went off on it's own. The accused did admit that there was children in the near area.
Nel: Even Fresco admitted that it was his gun and that he knows that his gun does not fire on it's own unless the trigger is pulled.
Nel: There will be people saying that it might be possible for the gun to malfunction.
Nel: In fact he denied it in his evidence. The owner testified that the gun cannot fire if the trigger is not pulled. It was never put to Fresco that the gun fired on its own.
Nel: The accused was more focused on keeping the incident out of the media.
Nel: Then we deal with his version. The fact that he would have discussed this with other gun enthusiasts. He never did.
Nel: After being asked if it bothered him that the gun went off on its own, he answered yes it did. But yet he did not discuss it with anybody.
Nel: The more likely answer would have been to speak to other gun enthusiasts to see what went wrong, my lady.
Nel: We go one step further, a Glock cannot fire on its own.
Nel: Count 4 - the accused is a gun enthusiast, he wrote the test, He knows what he can and cannot do and keep with regards to ammunition.
Nel: Again the accused tried to blame his counsel. The accused admitted that there was ammunition found in his safe. He admitted that it belongs to his father. And that he agreed to let his father put it in his safe.
Nel: My lady, there is reference to joint position. For purposes of this count, if you are in possession of, then he should be liable.
Judge: I think the defense mentioned something about possession for his father.
Nel: It is strict, you are not allowed to have possession of a firearm or ammunition with out a license.
Nel: The legistration is clear, you cannot be in possession if you do not have a license for it.
Nel: Then my lady, it is our intention not to duplicate our argumetns. It is difficult in my opinion. We return to the example of the relay race.
Nel: That bat needs to be given to someone, if you stumble. If you drop the batten in a relay race you are disqualified. If the court rejects the accused version, then court would need to accept all the evidence given by the state.