Summary

02:40:19:00 Barry Roux Defense Lawyer Gerrie Nel Prosecutor Michelle Burger Witness Judge Masipa answer trt 41 oc: answer the question 2:44;13 When counsel asks you a question you answer that question. You do not offer an explanation. If the answer is yes, you say yes. If it is no, you say no. If you don't know you say I don't know... Otherwise you will be in that (witness) box all day and the day after that. The quicker way to get out of that box is to answer the question ." Roux/Burger gunshot test trt 1:12 oc: I heard that. 3:46:15 Roux: You're saying to the court, 177 meters away, where you only had a moment before the shots, then shots where the person is in a confined space, you could hear increased anxiety, fear and emotion in that moment because the rest, moments later, we know there were gunshots. You heard that out of a closed toilet in a house 177 meters away? . Burger: My Lady, Thats correct I heard that. Roux: Ma'am, I would invite the state at a time later on, we dont want to waste time, to go and do a test. And I tell you now its a fact, in case theres some misunderstanding, you can scream as loud as you want in that toilet and we'll put the door back for you, at 177 meters, you go and tell us you can hear that screaming. Roux/Burger phone screams trt 25 oc: correct 3:51:08 Roux: When yorue focused on your telephone you did not hear her screaming? Burger: I did not focus on her screaming so I cannot state whether she was screaming or not. Did you hear the screaming? I was not focusing on it so I could not hear it Is my question difficult? No I did not hear it because i was busy calling Thats the point Im making, what you're saying to this court - when youre focused on the telephone you did not hear the screaming? Correct. ROUGH LOG 2:40:19 DEFENSE: listen ...what caused you to to realize his version could not be correct...at bail application it was stated she did not scream 2:40:57 I wanted to state my version to court.. 2:41:05 I can say that I heard a women scream...it's part of my version...police knocked on my door and I gave my version 2:41:51 I heard in bail application that only one person screamed...I heard a woman scream....maybe pistorius can explain... 2:43:21 DEFENSE: you heard...and stop me when it's wrong...you heard at bail that Reeva did not scream, is that correct? 2:43:58 I can't agree...I can't agree... 2:44:13JUDGE: when asked question you answer it....if it's no, then answer no...the quick way to get out of that box is to answer the questions. 2:44:59 I don't agree that there was only a man who shouted..... 2:45:16 DEFENSE: you heard that Reeva did not screamed..it can only mean that Reeva did not scream... 2:46:18 I knew exactly what I heard when I woke up.....the facts of the case....I spoke yesterday about the distance....realize we were closer ... 2:47:11 DEFENSE: yesterday you said it could not be...I told my husband it could not be....nothing to do with bail 2:47:39 No, that conversation was about the intruder.....I stated yesterday the screams....your life was in danger.... 2:48:08DEFENSE: why did you decide it could not be an intruder 2:48:22 I heard that female screaming....moments before the shots...made me know .....***** 2:49:05 you only shout like that if your life is threatened......*** 2:50:14 DEFENSE: you didn't know what happened in the house....on those limited facts, to day it could not be? 2:50:38 I heard screaming of female.... 2:50:54 I heard only a female screaming....I did not hear a male screaming....I did not hear...*** 2:51:38 they are showing the witness face on TV...I've been shown on a cell phone....we should stop... 2:52:05 COURT ADJOURNS. state 3:12:22 tv set w/this witness...photo w/audio .. its a violation of a clear court order...news channel made contact w/clerk and asked this question - are they allowed to put photo w/audio.. they still went ahead and did it.. 3:13:20 no photos or video should be shown while witness gives evidence... investigation should follow.. defense 3:14:24 we believe we've reached important stage.. seek to continue w/out delay.. judge 3:14:45 this is very disturbing.. warning media if u dont behave will not be treated w/soft gloves.. i give this order - to stop any photos of any source... investigatino is to follow to find out exactly whats happening..t his may be tip of iceberg.. extent of court order.. will proceed (Roux resumes cross of Burger) 3:16:14 u did not know what happened in that house?.. what on those facts could cause u to say it couldnot be? - in media they said pistorius shot gf .. thought shooting intruder.. when i heard screamign i culdnt imagine life not being threatened 3:17:24 u didnt know if there was intruder? i never saw.. only heard shouts 3:18:15 how can u say there was no intruder? media stated pistorius thought there was intruder ... 3:20:10 in my mind that evening htere was someone threatening that mand and woman.. life threatening screams.. then i heard gunshots, that was logical deduction.. 3:20:47 u said there was not intruder in house, u confirmed u cannot say if there was intruder, true? - i never saw intruder.. what i heard that evening i thought there was 3:22:23 yourve watched news, spoken to ppl.. you have a retrospective knowledge, give evidence as if its the knowledge of that evening... - as i stated yday i spoke to ppl before finding out it was pistorius, collegues, my friend, phoned her.. i didnt alter what i heard ***** 3:23:43 u didnt know who was livign in house? correct 3:24:30 how did u know man and woman living there?? it was a unit coming from house 3:28:05 u were precise in your statement? as i heard it correct.. .captain took it down correctly 3:28:42 yday u gave evidence u heard shouting second time? .. what u told us yesterday i herad the shots, during shots i heard woman screaming. that cannot be for 2 reasons.. that cannot be u agree? i did hear her voice..after last shot i heard voice 3:30:19 i say that cannot be. thats not your statement to captain von art 3:30:38 Nel -- i object - its rehashign of yesterday when we excused this witness - i object again . its matter of interpretation on afrikaans 3:31:07 Roux - that deals w/screaming subsequent - now referring to whether there is subsequent scream.. 3:32:44 Nel- you have to read the whole paragraph.. or it doesnt make sense (reads in afrikaans) 3:34:51 during the shots i still heard screaming - that was easy to say do u admit that? i spoke about screaming, eh asked about shots, i explained.. it was sreaming, shots, i still heard her and last was moments after last shot. my statement was only a few pages.. im here for hours.. 3:35:34 it was easy to say to captain von art during shooting i also heard shots? i couldve said that but it was implied. 3:36:04 second problem - when u have 4 shots in confined room even granting small lapse, sound of shots would make impossible for u to hear screaming at same time? - **** 3:36:37 Nel - is Roux telling witness as fact its impossible? Judge - hes putting words in mouth of witness hes got a right to do that.. Nel 3:37:00 he cant tell court its impossible - he cant state it as a fact its impossible to heard screams during 4 shots -thats my objection **** 3:38:01 judge -- im not persuaded 3:38:10 any comment? - i heard shots and screams. i cant say with which shots i heard screams.. shortly after was last i heard her.. 3:38:55 u say 3 things.. i heard shots, then heard screams .then u say i heard shots and still screaming.. which was it? as i stated after i made call and husband went to balcony i heard petrifying screams.. while shots going i heard her again and last time i heard womans voice was shortly after 4th shot. 3:40:47 are u satisfied thats ur version? yes.. 3:41:05 so screaming was nano second after shots staretd but dont knwo which was more or less intense? - i wasnt sitting there w/a notebook 3:41:32 im just trying to find out shots staretd, then screaming but u cannot bind yourself to when was screaming between shots? yes 3:43:06 What you're telling the court, what you could hear, you could hear fear in voice, you could hear emotion in that voice, the screaming....firing of 4 gunshots...you had that ability from 177 meters to hear emotion, and fear....increase in tension..in that moment plus the gunshots. 3:44:30 our windows were open.. there was no building between us at that stage.. we're in quiet area.. sound travels 3:44:56 in your version an added difficulty -if you were right and heard shots and not bat, we know what should be cause betwn defense was reeva was inside toilet w/locked door and closed window. u accept that? i wasnt tehre.. just testifyign what i heard 3:45:43 what youre saying must .. 170meters away .. u could hear incraesed anxiety .. uheard that in closed toilet, house 177 m away? i heard that ******** 3:47:14 i invite you to do a test, u can scream as loud as u want, you tell us u can hear screaming? as i stated theres construction in area what was last year an open area theres now houses.. dont know how we'll do the test. 3:47:56 second point is it was so distinct what u culd hear , increaed emotions, intensity? definitley shouts after gun were more petrifying than shouts that woke me 3:48:26 then say that person in toilet w/closed window could hear scream.. same person sceraming?? yes same woman 3:48:49 from taht distance the same voice? yes could hear same woman 3:48:59 youre 100 confident its same woman? yes 3:50:53 so youre saying it was so far away the moment u focused on teh phone u couldnt hear screamign? its not the distance 3:51:12 when yorue focused on phone u didnt hear screaming?? i was not focused so could not hear it.. i was busy calling - thats the point. when youre focused on phone you didnt hear screaming? ***** 3:56:16 did u see your husbands statement? if it was theer i didnt see it.. you gave your version independent from his version? yes 3:56:44 short adjournment? i want to make docs available.. ADJOURN (76:25) /