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  1. #16
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    rsbm & rbbm
    Quote Originally Posted by JudgeJudi View Post
    Dr T said she found it interesting that the plea statement contained so much detail as a person with a concussion would likely have remembered much less than that.

    This infuriated Botha who then accused Galloway of ambushing and disadvantaging HvB. He told Desai it had turned into a trial by omission.
    I don't understand what he means by a "trial by omission." I'd be grateful to have to that explained to me.

  2. #17
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    Quote Originally Posted by Fluffykins View Post
    rsbm & rbbm


    I don't understand what he means by a "trial by omission." I'd be grateful to have to that explained to me.
    My best guess is he means a trial based on evidence they haven't been told about, or been given time and opportunity to prepare a defence for.

    He's a desperate man. And so he should be. He was given extra time to prepare his cross-exam and didn't (as far as I can recall) come back and challenge what she said. It seemed to me that his attempts to discredit her failed. I remember reading that he quoted something to her from a book of neurology that was out of date and she had come prepared with a more up-to-date edition of the book which defeated his argument. A most impressive witness.

  3. #18
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    Quote Originally Posted by Tortoise View Post
    My best guess is he means a trial based on evidence they haven't been told about, or been given time and opportunity to prepare a defence for.

    He's a desperate man. And so he should be. He was given extra time to prepare his cross-exam and didn't (as far as I can recall) come back and challenge what she said. It seemed to me that his attempts to discredit her failed. I remember reading that he quoted something to her from a book of neurology that was out of date and she had come prepared with a more up-to-date edition of the book which defeated his argument. A most impressive witness.
    Aah ... yes, I see what you mean. Thank you Tortoise!

    I was actually just reading that - late last night? early this morning? - and yes, he had the 2nd edition and she had the 3rd edition, and she just came across as so authoritative there was no way for him to discredit her. I was reading it thinking, she's made it so clear his injuries were self-inflicted, she's provided the most up-to-date research to back up her expert opinion, it's obvious there was never any intruder. Add to that the later evidence from the shoe print expert that there were no shoeprints of an intruder found in the house, what more does Judge Desai need to rule that the defence has never been able to cast any doubt about the total absence of any evidence of an intruder?

    Seems to me if it keeps on like this then it probably doesn't matter how much time or opportunity Botha is given to prepare whatever defence he can come up with. Henri's story was never plausible and is being shown up by experts for the fallacy that it is. I'm just worried about what will happen when they run out of time. Anyway, thank you for explaining Botha's "trial by omission."

  4. #19
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    http://www.gettyimages.co.uk/event/c...re-id677348904

    That window above her right shoulder is Henri's right bedroom wall looking from the perspective of the front of the house, the balcony being at the front of the house.

  5. #20
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    http://www.news24.com/SouthAfrica/Ne...trial-20170425

    I think the wall to her right is where the two blood drips were found, perhaps below the window I pointed out in my last post. They refer to it as the boundary wall but I think it must actually be the wall of the neighbour's house.

    She climbs over the gate (goodness knows why as a key was left in the gate) then goes around the back of the house and jumps over the wall by the kitchen back door to come out in the alley on the other side of the house, next to the garage. There is a short video of her jumping over the kitchen wall at the link.
    Last edited by Tortoise; 06-11-2017 at 03:56 PM.

  6. #21
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    It's strange that the key was in the gate, when Precious said that it was left on a string. Presumably it was not usually left in the lock and she would have to put her arm through to locate the string.
    Last edited by Tortoise; 06-11-2017 at 03:50 PM.

  7. #22
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    I'm speculating, but if Henry was still semi-aware after the attack and was moving towards the bathroom, it could be that he heard the "attacker" taking a shower, and, unaware of the carnage already done, tried to get to the "attacker" to prevent him from doing more harm?

  8. #23
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    Quote Originally Posted by Soekie View Post
    I'm speculating, but if Henry was still semi-aware after the attack and was moving towards the bathroom, it could be that he heard the "attacker" taking a shower, and, unaware of the carnage already done, tried to get to the "attacker" to prevent him from doing more harm?
    Do you mean Rudi?

  9. #24
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    Is it blood spatter and DNA this coming week?


  10. #25
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    Quote Originally Posted by Interested Bystander View Post
    Is it blood spatter and DNA this coming week?
    The list of witnesses to be called would be handy, wouldn't it? I've read in different publications that Marli is listed at both no.17 and no.113 on the State Witness List.


  11. #26
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    Quote Originally Posted by Tortoise View Post
    Do you mean Rudi?
    Sorry, yes Rudi

  12. #27
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    Quote Originally Posted by Fluffykins View Post
    I'm just worried about what will happen when they run out of time.
    The last day of sittings for this trial is today week. On 19 June the trial will then be adjourned to the next available period when the court, the judge, and counsel are available. I’m speculating here but I think the State will try and wrap up its case by 19 June and the Defence will commence when it resumes, starting with Henri.

    I'm prepared for a delay of perhaps a couple of months. Some courts (maybe all) go into recess for the whole of July. I've made an enquiry about the Western Cape High Court and if I hear back I'll let you know.

    Just by way of example, the Panayiotou trial ran for 8 weeks until 6 December. The court was in recess during January. The trial within a trial lasted for 2 weeks in April/May. It resumes today and will continue for the whole of June. The defence hasn't even started.

    We still have a long way to go.

  13. #28
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    Good evening/morning everyone, I'll be on the road for the next several hours, could someone do Tracey & Anthony tweets, thank you


    Sent from my iPhone using Tapatalk

  14. #29
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    Quote Originally Posted by Fluffykins View Post
    The list of witnesses to be called would be handy, wouldn't it? I've read in different publications that Marli is listed at both no.17 and no.113 on the State Witness List.
    There is only one list so someone has made a mistake. News24 is the media company providing the live news feed from the court and has always been the main publisher of this case.

    “Marli, 17, is number 113 on the list of 114 state witnesses, Netwerk24 reported on Sunday”.

    http://www.news24.com/SouthAfrica/Ne...-case-20160704

  15. #30
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    Quote Originally Posted by PrimeSuspect View Post
    Good evening/morning everyone, I'll be on the road for the next several hours, could someone do Tracey & Anthony tweets, thank you


    Sent from my iPhone using Tapatalk
    I'm happy to do them for a while. I'm expecting an interruption later but will let you all know if I have to stop.

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