Judge: He had his firearm pointed infront of him. He heard a movement from something in the toilet and thought it was coming out.
Judge: As quoted by the accused "Before I knew it I fired at the door...."
Judge: He then returned to the bedroom, only to find the bed empty.
Judge: He then ran to the balcony to scream for help. He then put his prosthesis on. He ran back to the toilet door and tried kicking it open.
Judge: This did not work. He then went and fetched his cricket bat and struck the door. When he got in, he found the deceased in a sitting position on the floor.
Judge: He then picked her up and carried her downstairs when Mr. Stander arrived. He was responding to the phone call he received by the accused for help.
Judge: Dr. Vorsters evidence was that the accused suffered from a general anxiety disorder.
Judge: Before dealing with Dr. Vorster's evidence. I have selected a few extracts from the accused evidence.
Judge: He did not have time to think. He never intended to shoot anyone. He fired into the toilet door. He did not purposely fire at the door. He never aimed at the door.
Judge: He remembered pulling the trigger in quick succession. He can however not remember firing 4 shots.
Judge: I did not have time to think about what was happening. Before thinking our of fear he fired the shots.
Judge: Was not meaning to shoot at anyone. He shot because he was at that point that he believed that there was someone coming out.
Judge: When the accused was asked to explain, what he meant by accident, he answered "I discharged my firearm in the belief that someone was coming out to attack me"
Judge: "I believed that there was someone coming out to attack me or take my life"
Judge: The accused stated that he never thought of the possibility of shooting someone through the toilet door.
Judge: I shall revert to this later in my judgement.
Judge: Counsel for the defense. I bid that while the accused approached the bathroom to defend himself.
Judge: He did not consciously discharge his firearm.
Judge: We shall take an adjournment.
Court is back in session.
Judge: Counsel for the defense, submitted that the accused when approached the bathroom did not intend to shoot.
Judge: Defense counsel argued that he fired his weapon because he felt vulnerable.
Judge: I proceed to deal with, did the accused lack criminal capacity at the time of the defense.
Judge: The accused repeatedly told the court that he had not time to think before he fired the shots or he had no intention to fire the shots.
Judge: In support of the defense as I said early, Dr, Vorster said that the accused suffered from an anxiety disorder. It then became necessary for the court to refer the accused for observation.
Judge: Dr. Kotze, Dr. Fyn and Dr. Pretorius were the doctors appointed to the observation.
Judge: They combined a joint report of their findings.
Judge: The accused did not suffer from a mental disorder.
Judge: "6.1, OP did not suffer from a mental defect or a disorder at the time of the offense."
Judge: "He was capable of appreciating the wrongfulness of his act"
Judge: Both the state and the defense accepted the findings.
Judge: However, counsel for the defense, in the face of the evidence, Prof Derman.
Judge: Counsel submitted in the issue as to whether the court should consider whether the accused lacked responsibility due to the "fight or flight" response.
Judge: Counsel for the defense further submitted for the findings that the accused could not be found guilty for the response caused by this reponse.
Judge: This gives an impression that the accused had no action in the firing of the 4 shots. There was no lapse of memory of the accused.
Judge: On his own version, he froze and then decided to go to the bathroom.
Judge: He knew that the window was open. This is inconsistent with lack of criminal capacity.
Judge: Any-way the experts have already given evidence on this matter.
Judge: This court is satisfied that the accused could distinguish between right or wrong.
Judge: The second possible defense. Counsel for the defense submitted that the accused fired the shots as he thought the intruders were coming out of the toilet towards him.
Judge: ".....that split moment I believed there was someone coming out to attack me", "I did not think"
Judge: Later he still says "I though that somebody was coming out to attack me", in the same breath "I never intended to shoot anyone, I got a fright and shot"
Judge: "I shot out of fear", "I did not intend to shoot at anyone"
Judge: The question "So you never wanted to shoot at robbers coming out of the toilet?", he answered "that is correct"