Nel: On his version she slammed the door. She is dressed. She is not hiding, she is not scred of the intruder. SHe is talking to him.
Nel: She knows that the person that is the danger is standing infront of her.
Nel: We have to realize that where A hit her hip, shows that she is standing in front of the door.
Nel: My lady, one will have to say that is not the noise, it is the perception that someone is coming out.
Nel: Not the noise. Evaluate the situation. It is not the startle but the situation. The accused version that he never meant to shoot anyone, is not the fact.
Nel: My lady, if we go to this, the two defences. Chair 2 is shot down by itself.
Nel: "I did not intend to shoot her"
Nel: Then he changed, "I fired at what I assumed was a n intruder coming out of the toilet"
Nel: The accused changed his version again. The court will have to look at the situation and determine what is the truth.
Nel: There are two hurdles that the court will have to determine. The accused said it sounded like wood, wood move.
Nel: It is not him acting on a startle, it is him hearing a noise, evaluating a noise and then acting.
Nel: Then later, he said it sounded like the magazine rack was moved.
Nel: Derman accepted that immediately as a response. He never asked what he thought about it. The accused indicated to the court, that he thought the door was open.
Nel: "I heard the magazine rack and fired", why did you fire? "I thought the door was opening"
Nel: My lady that killed any alliance he could have with self-defence.
Nel: My lady, on the accused's version he heard a noise and fired. The deceased could not have moved the magazine rack before he fired at her.
Nel: We can think about a lot of scenarios. She is sitting on the toilet seat, she cannot get up quick enough. On his version she used the toilet.
Nel: One thing we know is that the magazine rack was not in her way to get to the toilet. It was a figure of his imagination. There was no sound, it never happened.
Nel: The accused was so intent on giving his version that he changed what he heard. He had to creat a sound.
Nel: I have already argued that there was no sound.
Nel: My lady in 92, we deal with a sound again. It could only have made a sound if it was moved.
Nel: The deceased would have had to have moved it, which we know she did not before the accused fired the shots.
Nel: Paragraph 29 of the defense heads, I am not sure if they say it is incorrect.
Nel: My lady, I will get back to that. I have another note.
Nel: My lady we say that version is so improbable.
Nel: My lady the accused was confronted with photographs as to where the magazine rack was.
Nel: My lady, he had to move that magazine rack, he had to create a sound, that is why he moved it to that corner.
Nel: His two experts contradict him.
Nel: But why was he wrong, but also what is important is that the accused was adamant on this. He did not display his usual attitude.
Nel: He was convinced that it was in the right hand corner of the toilet cubicle.
Nel: There we deal with the fact that Wolmarans and Dixon were the expert witnesses. My lady, I have never had to deal with expert witnesses that gave evidence on other fields outside of their expertise.
Nel: We say that Capt. Mongena was correct.
Nel: With regards to the bullet going up and then down, we say it depends on how she was standing.
Nel: We say that Capt. Mongena was a good witness.
Nel: Then we argue that there was no sound or startle, just the accused firing four shots at the door.
Nel: We submit that the accused was indeed shouting but at the deceased.
Nel: If the accused emptied his firearm into the door, there would have been more to argue. He wants the court to accept that he fired because he was afraid.
Nel: There were just four shots, they were all aimed at the door. If she was standing in the centre of the door, that is where she was standing. Which makes sense that he knew where she was standing.
Nel: We just deal with the one aspect at page 62. Where the accused shouted at the people to get out of his house. He got all emotional.
Nel: It wasn't about him seeing the deceased, it was him walking down the passage and shouting. He would be as he was shouting at the deceased.
Nel: My lady when we get the screaming, first we get that it was him screaming and then the neighbours stated that they heard a female screaming.
Nel: We deal with Dr. Lin's evidence. His perceptions and the levels. What is important is what they heard.
Nel: He never took that into account when he did the test. We count no studies to support this.
Nel: But he said we cannot say for certain.