Judge: The accused was also trying to resuscitate the deceased.
Judge: Thank-fully as it shall appear from the events, this court has objective evidence in the form of technology.
Judge: The phone records which tells us who made what calls and at what times. We took full advantage of that. There is also a full record of the duration of sucj.
Judge: It was the defense that submitted the time line. When I asked if the time line was common cause.
Judge: In any event one can see the phone records which were made. These shows that appropriate times of the phones, as well as the accused's phone calles.
Judge: Minutes after the sounds of the cricket bat were heard. He called 911, where he after called security.
Judge: 1. at 2:20am security checked the guard check point next to the house.
Judge: The accused then heard at approx. 3am there was shots fired. Around 03:15 screams were heard
Judge: 3:15, Dr. Stipp telephoned the security.
Judge: 3:16 36seconds, Mr. Mngetwa made his second call to security.
Judge: 3:19am 03, duration was 24seconds, the accused called Johan Stander.
Judge: Then the accused called 911.
Judge: The accused then called security, duration of the call was 9 seconds.
Judge: 3:22 am, Baba that security arrived at the house of the accused.
Judge: 3:26 am, Johan Stander called 911 in the presence of Dr. Stipp.
Judge: Dr. Stipp then attempted to call security it did not go through.
Judge: Approx. 3: 50 the paramedics declared the deceased.
Judge: We will take a 2 minute break.
Judge: The first sounds seems to be identified by the defense were the gunshots. What is also clear is that the screams that were heard after the shots were fired, could not have been the deceased.
Judge: As the deceased could not have been able to scream.
Judge: Dr. Stipp and his wife gave evidence that the screaming was heard between the first and second sounds. This version has a ring of truth.
Judge: Mrs., Stipp's times are not correct. She stated that here clock would have been 3 minutes early.
Judge: She communicated this to her husband who had gone to the balcony. He then attempted to call security.
Judge: The timing of this call to security is of importance as it shows that time of when Mrs. Stipp would have heard the screaming.
Judge: There seems to be no reason why they would delay seeking help. It is unlikely that she and her husband would have taken 13 minutes to respond.
Judge: What is interesting is that Mr. Johnson too, made his first call at 3:16am. This time is closer mentioned by the Stipps.
Judge: They also heard a man shout help 3 times. Only after this did they hear what they described as gunshots. It was in fact the cricket bat striking the door.
Judge: At the time the second sounds were heard Dr. Stipp was on the phone. He described what he heard as three loud bangs.
Judge: It is possible that the accused and the decease had an argument in the early hors of the morning. In support of this theory, the state counsel pointed to the fact that the deceased had a cell phone with her.
Judge: And had locked herself in the toilet. One of the reasons was that the deceased needed to use her cell phone for light as the light in the toilet was not working.
Judge: The state also lead the "Whatsapp" messages from the accused and the deceased. The state did this to show that the accused had good reason to want the deceased gone.
Judge: In my view, this proves nothing. Neither the evidence of a loving or a relationship turned sour, can give reason.
Judge: There is also the matter of partially digested food in the deceased.
Judge: This was showed that dinner was not at the time that the accused had given. The state argued that this would explain what Mrs. Van Der Merwe heard.
Judge: This argument seems to lose sight of the following. Gastric emptying is not an exact science. It would not be wise for the court to use this evidence.
Judge: Even if the court were to use this, it would not affect the state's version. The deceased might have left the bed to get something to eat while the accused was asleep.
Judge: It is also not clear whether the alarm was activated that evening.
Judge: There is also nothing in the evidence from Mrs. Van Der Merwe, that shows that the accused and the decased had an argument.
Judge: It is however present that the security was near the house at 2am in the morning and there was nothing out of the ordinary.
Judge: The accused stated that he and the deceased had dinner at about 19:00, at about 21:00 they went to bed as he was tired.
Judge: He estimated that he awoke to see the sliding door was still open and the and were still on. He spoke briefly to he deceased before standing up.
Judge: The room was pitch dark except for a small LED blue light. He was busy picking up a denim from the floor when he heard a noise in the bathroom.
Judge: He then went and fetched his gun. He shouted numerously to the deceased. He approached the bathroom from his main bedroom.