Nel: We say that Mr. Lin's evidence, especially if you add 10 db, then you cannot interpret his evidence. He worked on averages of db.
Nel: It is telling that the defence would ask a female neighbor to scream like a male.
Nel: He has to testify that he screamed while breaking down the door, then he would see her lyin gin a pool of blood. In his evidence, he never screamed after seeing her lying there.
Nel: He had to stop because that is when the deceased stopped, when he shot her.
Nel: He had to stop because there was no other sound.
Nel: What is important in regards to the screaming is that it reflects what Derman said.
Nel: If there is a second startle, what is the second startle. The defence will argue that it is the door slamming shut. It cannot be my lady.
Nel: My lady, when talking about the sounds and startles, I am at paragraph 4.
Nel: Derman testified, page 2967.
Nel: And below my lady, it is 2968.
Nel: Derman said "I can recall what the accused said about the sound". My lady it is, any proper expert would interrogate what sound was heard.
Nel: But he never did. Why would there only be a focus on the sound and not the other sound. It is biased my lady and selective.
Nel: My lady we are dealing with an expert that the defence want us to rely on. He stated that his memory is fuzzy on this. My lady the court will not accept this.
Nel: Paragraph 8, my lady. The accused already starting screaming when he entered the passage. The second startle my lady is the door slamming.
Nel: My lady that startle did not create an exaggerated response. It never caused anything.
Nel: before we get to the state witnesses, we should perhaps deal that the accused reacted voluntary.
Nel: "Mitigating factors should be taken into consideration"
Nel: "Reduced to this essence..."
Nel: The uncontrol action, just at that moment when you fired a shot you were not aware of your actions.
Nel: My lady, one cannot get past that. If the scene is as it is.
Nel: To readily to accept the accused's state of mind.
Nel: My lady, that is all in terms of his version. He is goal directed, he walks there, takes aim. He is so goal directed, he keeps his eye on the window and then on the door and then just at that moment he loses control.
Nel: May I also refer the court to "Henry" case. We also have copies of that my lady.
Nel: May I refer there, I don't know if the court copies are exactly like mine. I want to refer to page 20.
Nel: I think with the copying we may have skipped some of the pages. May I ask the court to page through it with me.
Nel: It reads at C "....reference to Potgieter." I apologise I should have checked the page numbers.
Nel: If you act in an unlevel state of mind, then you are not in control of your actions.
Nel: My lady, may I ask that you turn the page. At page 23 at A.
Nel: There was much debate over the relevant time.
Nel: Then my lady at C, he pointed out that he had to release the safety pin on his holster. The fact is that he clearly knew what he was doing.
Nel: My lady, this shows that if you are goal orientated, you cannot come to the court and state that you were not in control of your actions.
Nel: My lady, I will mark these. It is page 73.
Nel: At length one can quote from any of these, my lady.
Nel: My lady, I am just making the point that one would need a reasonable explanation of what happened, which we do not have.
Nel: If I could just carry on and deal with the state witnesses and screaming.
Nel: We deal with the possibility of the defence trying to discredit them. Johnson, Stipp, Van Der Merwe and Burger as independent witnesses.
Nel: We have Johnson and Burger as a couple, the Stipps and the Van Der Merwe's. They did not know each. We have no evidence that they knew each other before this event.
Nel: Even as far as the emotions that they felt. When they made their statements, they never knew each other.
Nel: We argue that the defence witnesses, were contaminated by the media.
Nel: The state witnesses remained stead fast on their version.
Nel: We deal again that it was put to Johnson that there was no way even standing on the balcony that they could have heard the screaming.
Nel: We have done scientific tests, but never will be heard.