Nel: It will be argued that it is not possible to reconstruct how it happened. But it is possible.
Nel: Mongena did it. We are lucky to still have the door.
Nel: My lady I will refer the court to the door.
Nel: My lady, the deceased was fully clothed in saying that she had a vest on and her shorts. They say it was "ranger" ammunition, we say it was "black talon".
Nel: The deceased's phone was found in the bathroom.
Nel: That is where the deceased phone was, the accused phone was found in the bathroom but under a towel in the bathroom.
Nel: Wolmarans agreed that Mongena linked bullet hole E and richoted.
Nel: Wolmarans said he could not do it, he even went so far as to say that he could not even linked B.
Nel: He then even went further to say that he could not link any of them.
Nel: Normal firing position would be arms stretched out and you have sight alignment.
Nel: My lady, as I explained. Experts used words like sight alignment, non experts like me would say if I have my eye in line then I would fire.
Nel: The state contended to Wolmarans that the accused aimed at the deceased intentionally. What the defence are saying in their heads is that don't believe Wolmarans.
Nel: Page 21, the accused used his other phone in the bedroom to make phone calls. I don't understand why he did not. Did he go down to the kitchen.
Nel: My understanding is that at least phoned from that area.
Nel: The accused told people that arrived to the scene that he thought she was an intruder.
Nel: My lady, the accused said " I thought she was an intruder and I shot her"
Nel: Never once my lady, "I acted because of a sound, I don't know what happened"
Nel: Never once was it an accident.
Nel: Van Der Merwe, heard arguing the morning of the matter.
Nel: It was never put to Van Der Merwe that she was mistaken that there was a woman that was arguing.
Nel: Then in the post mortem, Prof. Saayman, discovered the matter in the deceased's stomach.
Nel: The accused carried the deceased down the stairs, he spoke to Mr. Baba.
Nel: My lady the accused spoke to Baba and said the he is fine. What we don't hear is the accused telling Baba, can you help me, can you phone the police. We don't have that.
Nel: My lady, as per having the accused's version rejected, in the absence of anything else, those are the facts.
Nel: The court will find and make inference.
Nel: My lady, we are not saying as all, there is a mosaic in play.
Nel: During his evidence he destroyed his version.
Nel: My lady, this is the instance when I burst out laughing. I apologized then and I apologize now.
Nel: We say this again and it can in now way been seen as the truth.
Nel: My lady, I think at this point, sometimes a person will hide to behind a lie then to tell the truth. I am not sure why.
Nel: We say that the accused did not present himself as someone that was telling the truth but was more concerned with defending his life then the truth.
Nel: His inability to contest the photographs of the scene. As to the condition of the scene.
Nel: My lady may we pause here and deal with the defence head. Where they say that there were many more witnesses, the defence failed to call them.
Nel: The state called lead photographer.
Nel: My lady the state cannot be blamed for that. There was nothing put to Van Rensburg about the movement of the scene.
Nel: It was never put to him that the fan was moved, it was never put to him that the duvet was not like that.
Nel: As far as tampering, all we have is the bat moving 1 millimeter. About the main bedroom, we have nothing.
Nel: The version of the accused will be dealt a fatal blow should the court accept the states version.
Nel: If the court accepts that, that is a true version of the scene, then the court will have to reject the accused's version.
Nel: Added to that if the court accepts Mr. Stipp's version that the bathroom lights were on directly after the screams, then the court will have to reject the accused's version.
Nel: My lady what I find funny is in the heads if defence in page 152.
Nel: My lady, that is to the extent that the defence is willing to argue.
Nel: My lady, we say not every untruth that the accused said in his witness is of importance.