Tuesday 8 April 2014

Pistorius Trial: Witness Timelines 6 (Pistorius)

Pistorius has now given his own testimony on the events of that night.

He does not give any specific times for the events, but here is their order as he describes them.  Here is a summary of his statements on this subject.

When he and Reeva went to bed, he locked the bedroom door and readied the cricket bat near the case of sunglasses and his gun near his bed.

He went to bed on the left-hand side, which was unusual for him but he had a shoulder injury.

He left the balcony door open and the fans running on it.  He did not mean to leave them in this position all night, but Reeva said she would bring in the fans and close and lock the door, and he fell asleep.  It was between 9 and 10pm.

At some point he woke up and saw that the balcony doors were still open and the fans still running.  Reeva asked him if he couldn't sleep.

He went to the balcony, got the fans, closed and locked the sliding door, probably drew the blinds (not sure) but did draw the curtains.  They are made of blackout material.  It was pitch dark with only the light from the LED amplifier visible.

Heard the sound of a window opening in the bathroom.  Was terrified of seeing people suddenly burst into the bedroom from the passage leading to the bathroom.

Hurried on his stumps in the pitch darkness, feeling his way to the bed, took his gun.

Whispered to Reeva to get down and phone police.

Then rushed down the passage to the bathroom on his stumps screaming at the intruders to get out, screaming to Reeva to get to safety.

Heard the toilet door slam.  Was now certain there were intruders.

Moved forward to bathroom entrance, shuffled along left-hand wall on the tiles, pointing gun in front of him.  No light, but saw that window was open. Wondered if they had entered using ladders.

Suddenly started screaming for Reeva to call police.  Felt terrified to see someone come out of toilet or through window and attack him.  Suddenly started shooting through door.

Walked back to bedroom holding gun, still shouting and shouting for Reeva.  Spoke to her in room.  Realized there was never any answer.  Felt for her in bed, then on the floor, then behind the curtains.  Always pointing gun towards corridor to bathroom.  "There was not much light but I could make out the passage".  There was a LED from the amplifier, it must have shed a tiny bit of light.

Only then began to realize that it might have been her in the toilet.  Went back to bathroom, tried to open toilet door, couldn't.  Went back to bedroom, opened curtains and doors, ran onto balcony and shouted for help.

Put on prosthetics.  Went back to bathroom, tried to kick door with them but didn't get anywhere.  Does not remember switching on light but remembers that at this point, light was on. Went back to bedroom and got cricket bat, hit door with it three times.  The first time it hit the frame.  He felt the shock of the bat in his hands.  The second time it made a little hole.  At that point he just wanted to see into the toilet to see if it was Reeva.  The third blow took down a whole panel.  He wrenched it out of the door and threw it back into the bathroom.  He leaned over the horizontal partition in the middle of the door and felt for the key.  It wasn't in the door.  He saw it on the floor, was able to lean through and grab it, unlocked the door and went in.  He stayed there crying over Reeva for "he doesn't know how long".  According to this testimony, the cricket bat blows would have occurred at 3:17am and the call to Stander at 3:19:03, so it would not have been more than a couple of minutes.  He placed the call to Netcare (for an ambulance) at 3:20:05.  At 3:21:33 he phoned security, a call lasting 9 seconds.  He does not recall this but sees it on the cell phone record.

He then opened 1/2 of the bedroom door (unlocked it), ran downstairs, opened the front door, ran back up and "ran into" the other 1/2 of the bedroom door to make a wider passage, it didn't give, he unlatched the bottom latch (there's also a top latch) but then the door opened.

CONTRADICTIONS WITH WITNESS TESTIMONY:
Pistorius describes the shouts and screams between the two sets of bangs as all coming from him.  His description does not resemble the panicked, continuous and intensifying screaming of a woman described by witnesses.

Pistorius describes the shots (first set of bangs) and subsequent activity as taking place in the darkness.  He does not say at what time he turned the lights on.  But Anette Stipp saw light in the bathroom at the time of the first set of bangs (3am) and continuously through to the second set of bangs (3:17am).

Pistorius states that he shouted from the balcony for help between the two sets of bangs.  This contradicts Johan Stipp's testimony of hearing the shouts after the second set of bangs, but matches Burger and Johnson's testimony; they both mention the cry of "help, help, help" shortly before the set of bangs at 3:17am.

Pistorius says the first set of bangs was made by the gunshots, but there were four gunshots and the Stipps heard only three bangs in the first set: in particular, Anette Stipp was lying awake and was certain that she did not miss any previous bang in her sleep.

Pistorius says that the second set of bangs was made by him hitting the door 3 times with the cricket bat, but Burger and van der Merwe heard four shots, Johnson "five or six".  The Stipps heard "three" and "two or three" but were talking to each other and into the phone at the time.  These witnesses also all agree that the shots were very close together, in rapid succession.  Michell Burger, the most precise of the witnesses in terms of description of the shots, describes one, then a tiny pause, then three extremely fast.  Charl Johnson as well as other witnesses stresses the impossibility of banging 3 times with a cricket bat so fast.


2 comments:

  1. This comment has been removed by the author.

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  2. Reply to the deleted comment (why did the author delete it? It was interesting!)
    1) I think we agree that J. Stipp (as well as the other witnesses) heard the screams stop directly with the second round of bangs. But Stipp does claim to have heard the shout of "help, help, help" in a man's voice after the set of bangs. This may be a memory error for all we know, given that other witnesses say they heard those shouts before the second set of bangs. Witness statements are not set in stone. It's part of the job to point out the contradictions with Pistorius' testimony, but a contradiction with witness testimony in and of itself does not mean that Pistorius is lying, particularly if the witness testimony also contradicts other witness testimony, which is the case here. That's an assessment that should be made at the end after all the evidence is in.

    2) The defense argument does explain the two rounds of bangs with screaming in between them. However, that doesn't mean it is the only possible explanation. There are really a lot of contradictions with witness testimony, for example: the Stipps saw the bathroom light on during and after the first round of bangs whereas Pistorius says it was off, four witnesses describe increasingly loud, panicked continuous screams whereas Pistorius describes his own shouts quite differently, all witnesses say the bangs at 3:17 were much too close together to be blows from a bat, and it's curious that everyone heard the 3:17 sounds but only the nearby Stipps heard the 3:00am sounds if the first set was really gunshots, which are much louder.

    Just because the defense argument covers the main facts does not mean it's the only possible argument. There may be other explanations. We'll see.

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