Final arguments in Oscar trial - As it happened

2014-08-07 14:50

Get all the details as final arguments were given in the Oscar Pistorius trial.


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Last Updated at 16:52
07 Aug 16:40

07 Aug 16:05
And with that we close updates. We'll be back tomorrow (Friday) as the defence continues giving its final argument. Cheers.

07 Aug 15:54

07 Aug 15:38
Roux asks if he can continue tomorrow (Friday). Judge shuffles some papers...

07 Aug 15:37
Roux: once you measure the evidence against objective facts, there's a difference between reliability and credibility.

07 Aug 15:36
Roux: Stipp tells us about accused shouting help help help at a time when no-one else heard it...that was after 03:30.

07 Aug 15:35
Roux repeats that Nel had to move gunshots from 1st to 2nd shots because it would destroy evidence of his witnesses.

07 Aug 15:33
Roux: If the shots were at 03:17, how would the accused have been able to do all things he had done? Its impossible.

07 Aug 15:32
Roux: what about the 1st set of shots? Heard by neighbours. This isn't fantastical evidence.

07 Aug 15:30
It's avoiding of material, objective facts that's causing the difficulties, says Roux.

07 Aug 15:30
Roux: All these difficulties appear in state's case because they were forced to vacillate.They had to say 2nd noise were the shots

07 Aug 15:28
Roux says the state's facts cannot reconcile.

07 Aug 15:27
Roux rejects Nel's claim today that RS and OP might have been arguing in kitchen in early hours. "It doesn't fit..."

07 Aug 15:25
Roux on Tashas shooting: Yes, the accused was negligent when handling the firearm. We will deal with that.

07 Aug 15:23
Roux now pointing to the "incorrect" translation that Van Merwe "woke up" when it was actually "she got up".

07 Aug 15:23
Roux defending his client strongly over this -  'You cant call the accused a liar because scene was disturbed'

07 Aug 15:21
Roux says he has more photos showing the police have been telling untruths about crime scene and trying to make OP "a liar."

07 Aug 15:20
Roux says defence now has photo that shows cord was long enough. Cord itself went missing.

07 Aug 15:19
Roux getting quite high-pitched. His frustration and anger making itself clear in his tone. 

07 Aug 15:19
Roux: it was put to accused that the extension cord cannot reach the plug...we asked for the cord to test it...

07 Aug 15:17
Roux: We know that police picked up and moved things, it happened. Now state demands we show conspiracy.

07 Aug 15:14
Roux: I show seriousness of this aspect...we're not talking about a conspiracy, but expect things to be there, and they're not...

07 Aug 15:13
Roux: You cannot dump a police official onto the defence... that's not what a criminal trial is all about.

07 Aug 15:12
Roux: We KNOW investigating officer Hilton Botha told blatant lies to incriminate.

07 Aug 15:11
As Roux speaks, Kenny Oldewadge sits back in his chair, his head held high as if he's thinking "Exactly. Take that, Nel".

07 Aug 15:10
Roux now mentions references where Nel said: "You were lying".

07 Aug 15:09
Roux argues the state is unfairly using OP's gun charges to bolster their murder case. Says they cannot be linked.

07 Aug 15:09
Roux: State said accused wasn't anxious, but it's not to say two hours later when he perceived danger he's not anxious.

07 Aug 15:05
Roux: what you cannot do in a criminal matter is ignore serious material facts.

07 Aug 15:04
Barry Roux says he wants to correct some 'material facts' made by the State. The advocate is speaking even slower than Nel.

07 Aug 15:01
Masipa says court can sit another half an hour. Roux begins...

07 Aug 15:00
Defence advocate Barry Roux suggests they start at 09:00 on Friday.

07 Aug 15:00
And with that, Nel concludes. "As the court pleases," he ends.

07 Aug 14:58
He had lots of time for reflection, he armed himself in the bedroom. That's pre-meditated, says Nel.

07 Aug 14:55
Nel: we have the accused armed and ready, with gun pointed at door. A reasonable man won't fire without cause

07 Aug 14:53
Nel tells judge that if she rejects state's version, she must still find OP guilty of murder.

07 Aug 14:51
Nel goes on - OP acted with 'dolus eventualis' i.e. he fired 4 shots into small toilet and must have known he would hit and kill.

07 Aug 14:50
Nel: His intention when he fired those shots, was to kill a human being.

07 Aug 14:49
Nel insists objectively assessed there was no imminent attack on the accused and he armed himself ready to shoot.

07 Aug 14:48
Nel: Even if you accept OP's version of intruder, he cannot escape conviction on murder with dolus directus' i.e. intent.

07 Aug 14:46
Nel: If the only person in the house was the accused, why would she hide herself?

07 Aug 14:45
Nel uses the baton in the relay race metaphor again. He talks about disqualification for dropping it.

07 Aug 14:44
Nel: It's strictly not allowed to hold onto ammunition if you don't have a permit. The intention is irrelevant.

07 Aug 14:42
OP's father frowns, his hand to his mouth, fixed on Nel as the prosecutor speaks of OP's possession of his dad's ammunition.

07 Aug 14:40
Nel: Count 4 - possession of the ammunition. OP wrote competency tests, he knew the law.

07 Aug 14:39
Nel says this all shows that the athlete is incapable of taking responsibility for his actions.

07 Aug 14:38
Nel: OP never said (after Tasha's shooting) 'what happened'? This gun just went off!

07 Aug 14:37
Nel on Tashas incident: The trigger safety prevents gun from firing if the trigger is not pulled.

07 Aug 14:35
Nel links OP defence on those charges to his behaviour on murder charge - evasion of responsibility.

07 Aug 14:34

Nel: the accused states he did not discharge the firearm, it went off in his possession.

There is no other finding that the accused pulled the trigger, says Nel.

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