Roux tries to open a back door

2014-08-09 00:00

BARRY Roux was still holding the back door of another possible defence open.

During his closing arguments yesterday he left the interpretation of Pistorius’s evidence up to Judge Thokozile Masipa.

“Were those shots, in his vulnerable state, simply reflexive?” Roux asked, “or were they reflexive combined with a cognitive thought process?”

If the judge decides the former, Pistorius bears a diminished criminal liability, he argued. If she finds it was the latter, his actions were putative self-defence, he said.

In his reply, Gerrie Nel said the two versions are mutually exclusive.

“Mister Roux argues you can reconcile the two, but they are irreconcilible. In truth, the one destroys the other.

“In the one defence, I wasn’t acting, it happened automatically. You can’t say in the same breath you were trying to shoot an imaginary attacker.”

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