South Africa - Susan Rohde, 47, murdered, Stellenbosch, 24 July 2016

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LVN says that Perumal took these photos at autopsy. it is almost horizontally and sloping downwards. Perumal: "I concede it was a mannequin, I drew a ligature mark around neck to give some idea. It is not to the exact scale."

Perumal says in one of the photos he took, the head was pushed to one side and would result in disorientation and show mark wrongly going downwards.

LVN superimposes the photo from autopsy and khoki mark from mannequin. It makes an 'X', to give idea that marks goes opposite directions.

LVN now takes same photo and measures the angle of the ligature mark going from left to right with a ruler. Angle is smaller as it goes to right. "This is what ruler tells us, not subjective naked eye". Perumal says because head is tilted.

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LVN now shows close-up of photo, to demonstrate gap between ligature mark, right ear and sutures there. "There is no indication that there is a ligature mark in that part of the neck."

LVN: How do you account for no abrasion there if that was the point she was hanging on. Perumal says knot was not tight against skin there, noose was loose. LVN says this is not what Jason testified.

LVN: "I put it to you that what you have just put to us is speculation. Based on facts of matter, on testimony of accused, even when he lifted her up, it was still tight all around".

LVN: That is not what accused says and he was there. Perumal: I am not going to take scientific evidence and tailor it to someone’s observation.

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Photo taken at scene shows mark on left side of neck kinking upwards and goes into the hairline, where it makes another kink. Perumal says mark is always deepest and almost horizontal on side opposite a point of suspension.

What State is trying to argue: Based on trajectory of "ligature" mark, it would have run in/close to the hairline. LVN says mark on back of the neck is quite a few centimetres out of sync with mark on the front and left lateral sides of the neck.

Perumal says one doesn’t expect that the ligature mark would have same impression throughout neck because of different pressure and tissue. LVN says that is one explanation. State will argue that these marks are not made by same mechanism or object.

LVN now on double cord or single cord around neck causing marks. He says the mark behind neck could easily be result of lying on autopsy block because skin is dehydrated, looser, skin creases and folds.

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Perumal: "I don't see how creases are going to affect mark on the back of the neck. To me it looks like a single ligature mark." He also tells LVN you don't always see a clear knot imprint.

LVN: Surely you would expect to see bruises there [besides single abrasion near right ear]? She bruises easily. Why can't we see any bruises on her neck? Perumal says the noose was loose and away from the skin so could explain that.

LVN now hands Perumal a copy of photos taken at scene.

LVN: We are trying to figure out how this happened. VDS jumps up and objects to the different cord and hanging scenarios presented to Perumal.

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LVN: Jason's version is that he lifted Susan's body, the knot stayed tight. There was no point where it was loose. VDS jumps: "He didn't say that. It was his perception that the cord was tight around the neck, not the knot".

Judge says she recalls him saying knot was tight and it can be left for argument. LVN wants Perumal to concede.

LVN asks Perumal to consider handyman's evidence that there was a single strand behind door, cord was not tight and it was easy to take off neck. Perumal takes a moment to think.

VDS jumps up (again) and says "garbled version" should not be put to Perumal. Judge asks LVN to refine question or area to comment on.

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LVN: There is cord difference between Jason and Daniels versions. Jason said there was a tightness around neck and can't say whether single or double strand. Daniels said not tight, easily removed. VDS jumps up and asks for adjournment.

Judge agrees to adjourn until 2pm.

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Rohde’s EiC on 29 May

"I screamed for Mr Daniels to help me. He came through wedge in the door. Mr Daniels shouted something in Afrikaans. I think he said something like 'my hemel, my hemel'. The knot around her neck was very tight."

Jason: It was not a loose knot. It was a tight lasso, knot around her neck. Mr Daniels wiggled it with his hands and took that off her neck and lifted it off her head. I never touched that cord.

From a tweet later that day:

Daniels testified that the cord was not tight around his wife's neck.

Jason replies: "The cord wasn't loose around her neck. It was tight. And once again, I went into that bathroom first."

Team News24 (@TeamNews24) | Twitter

It seems to me that he’s using the word “knot” inappropriately and that he’s actually referring to the cord.
 
We are back. LVN says Dr Khan-Coetzee's opinion is that cause of death was unnatural consistent with asphyxia following manual strangulation, features of ligature imprint abrasion are consistent with post-mortem application.

LVN: Is there room in your mind that Dr Coetzee-Khan might just be correct. Perumal: That was quite a long question. Judge: I asked Dr CK and he said it was as if someone had put ligature around neck to make imprint of ligature. If you could comment.

Perumal: I agree the death is unnatural. Consistent with asphyxia? Yes I am agreeing, based on exclusion on other probable causes of death and what we are seeing.

Perumal: I was very clear at the time that I was am not excluding manual strangulation in terms of pathology. But I said given the findings I made together with what was documented all along, I favoured on balance of probabilities more that it was hanging.

Team News24 (@TeamNews24) | Twitter
 
I haven’t come here being dogmatic about anything. I can’t say there was no external airway obstruction. I couldn’t find something. With dissection, I looked specifically for it.

Most pathologists would say that that imprint mark is actually a post-mortem phenomenon. The longer the person is suspended, the more prominent it will appear.

Judge is asking if it is possible to stage an imprint mark. Perumal: I wouldn't exclude it as a possibility. But I will tell the court why it is unlikely.

Perumal: If electric cord is applied to someone after they have died, all we will get is impression of cord. If person was alive and moment and friction, even if smooth object, then it will create the mark that we see here.

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Perumal says he would have expected to see blanched area. Also, the dribble of saliva indicates person would have to be alive for it to be produced and to come out.

LVN: We have Jason's version on the saliva but that might be wrong. Perumal: I am afraid I can't comment on whether it is right or wrong. If that is not correct, then this whole thing just doesn't apply.

Perumal: Even if no saliva, doesn't necessarily mean it is a post-mortem hanging. It is not for me as a pathologist but for the court to decide.

LVN: State will argue that on version of Desmond Daniels, when he opened the door, he saw the legs from the knee to the ankle, flat. Van der Spuy says in all fairness "that was one of three versions during his testimony".

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Judge tells VDS to "please stop that" and says Daniels was consistent on that aspect. VDS says Daniels was not. Judge tells prosecutor to continue.

Judge says she wants to hear what Perumal has to say on this. Prosecutor says State's case is that Susan was not hanging behind the door partially suspended.

LVN: Would you then reconsider if this is the situation? Perumal: The fact is that there is a response, drying of tissue, abrasion, that can only happen if movement and friction between object and body.

Perumal says skin was leathery. "I do not reconcile that somebody has been throttled and now a smooth surface ligature was then applied. It is extremely unlikely to give impression of ligature abrasion as we see from very beginning at scene."

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LVN taking Perumal through different types of knots used in suicide.

Perumal: If noose was extremely tight, I expect to see more of the ligature at the point of suspension.

LVN turns to case Perumal testified in, of 14 police accused in court after a suspect died in custody with multiple injuries. Judgment was handed down in same high court in November 2013.

Perumal recalls this case. LVN says Perumal was introduced as specialist forensic pathologist with experience in motor vehicle accidents, especially people who had fallen or jumped out of vehicles.

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LVN refers to various concessions that Perumal made during his cross-examination in this other case that was heard in the high court five years ago. Perumal: "I had to consider this [all the situations prosecutor gave me] and not be adamant or dogmatic"

LVN says Van der Spuy testified in that case too. Perumal says he just gave his testimony and did not stick around for everyone.

LVN: That court found that Perumal's opinion was at odds with Prof Van der Spuy. No evidence to support Perumal's opinion that rib fractures and underlying internal injuries were caused by knee pressing down.

LVN: At this stage, in fairness of the witness, I would like to adjourn until tomorrow so he could look at this other judgment and set of photographs, before I ask him for comments.

Team News24 (@TeamNews24) | Twitter

Adjourned until tomorrow
 
LVN refers to various concessions that Perumal made during his cross-examination in this other case that was heard in the high court five years ago. Perumal: "I had to consider this [all the situations prosecutor gave me] and not be adamant or dogmatic"

LVN says Van der Spuy testified in that case too. Perumal says he just gave his testimony and did not stick around for everyone.

LVN: That court found that Perumal's opinion was at odds with Prof Van der Spuy. No evidence to support Perumal's opinion that rib fractures and underlying internal injuries were caused by knee pressing down.

LVN: At this stage, in fairness of the witness, I would like to adjourn until tomorrow so he could look at this other judgment and set of photographs, before I ask him for comments.

Team News24 (@TeamNews24) | Twitter

Adjourned until tomorrow

I wonder if photographs show hyoid bone is fractured: not as Perumal has stated previously.
 
Thank you for all the updates, I haven't really got in to this trial - I'm at work and it's been quite busy so can't spend as much time listening/reading the updates -sorry.
 
Court is running late. After a plea and sentencing agreement Judge Salie-Hlophe has just sentenced a man to 22 years imprisonment. Adv. Megan Blows appeared for the State.

Hopefully this trial will continue shortly.

Yes, it will continue "today" but no time was mentioned.
 
Thank you for all the updates, I haven't really got in to this trial - I'm at work and it's been quite busy so can't spend as much time listening/reading the updates -sorry.

I think a lot of us are having problems getting into this trial.
 
Perumal refers to the body convulsing while dying, causing the line of the ligature to blur slightly while hanging. That's total nonsense imo. If the cord is sufficient to suffocate, it will pinch tight to the throat and there'll be a single very clear line. #Rohde
Nick van der Leek @HiRezLife | Twitter

I tried to search for autopsy photos of people who committed suicide by hanging. I could not find many, but from those that I observed, the ligature line was clear and not blurry. Also Dr. Perumal stated that he is not adamant about his findings, he could not exclude the possibility that the imprint mark was staged. This is a blow for the accused, IMO.
 
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