Nel: No-one challenged his evidence, so it will be accepted by the court.
OP: My lady, the firearm was in my position but I did not pull the trigger. I did not have my finger on the trigger but the firearm was discharged.
Nel: What did you say to Mr. Lupis?
OP: Mr. Fresco said it caught on his pants, I said it was my fault and I would pay for the damages. I completely took the blame for it. I said to Mr. Lupis that I would pay for the damages.
Nel: So the whole table cannot remember you taking the blame. It is amazing that you are the only one that can remember that.
OP: I know what I said, I said I was sorry that it was my fault and that I would pay for the damages.
Nel: So after that event, it must have bothered you. You must have discussed it with hundreds of people?
OP: I was bothered about the fact that it went off in the restaurant. I discussed it with Reeva in a text.
Nel: Did you discuss it with Mr. Rens?
Nel: Did you discuss it with any other firearm enthusiast?
Nel: Did it bother you that, that gun went off on it's own?
OP: It bothered me, of course it bothered me that it went off in my position.
Nel: You see where, I am not going to move away. There is something deeper here, that is I don't understand that if you are presented with a set of facts.
OP: My lady, I agree with the facts, the firearm did discharge in my position, but I cannot say that my finger was on the trigger.
Nel: Can you say perhaps your finger was on the trigger?
OP: I cannot preceed to that, I cannot say my finger was on the trigger.
Nel: Why were you made at Mr. Fresco?
OP: Because there was a bullet was in the chamber,
OP: I was making the firearm safe, making sure there wasn't a round in the chamber. What I preceived to making it safe, it must have been loading another round in the chamber automatically.
OP: If I have known there was a magazine in, I would have taken the magazine out.
Nel: The first thing to make it safe would have been to check for the magazine?
OP: That is correct, my lady.
Nel: Then you would check to see if there is a round in?
Nel: You did this the other way around?
OP: Yes, my lady. I didn't think that there would even be a round in the chamber. I should have first checked to see if there was a magazine.
OP: I first checked for the round in the chamber, I did and it came out. I never for once thought it had reloaded another round.
Nel: You just pulled the trigger?
OP: I didn't pull the trigger.
OP: At that point I checked that the gun was safe and that is when the gun went off.
Nel: We will get to the rest of this just after tea, my lady.
Judge: Court adjourned for tea.
Judge: You are still under oath.
Nel: If a firearm has a magazine in it, every time you would have loaded it every time?
Nel: There for it is important to check for the magazine first, which you did not do?
OP: That is correct, my lady.
Nel: I expected you to say "the gun went off, what just happened", but you didn't.
Nel: Did you tell Reeva that the gun just went off?
OP: I told her that the gun was in my possession.