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1
00:01:46,874 --> 00:01:49,510
(INDISTINCT
SHOUTING CONTINUES)
2
00:02:25,413 --> 00:02:26,914
PEDRIE: "Magazine Hill",
they call this place.
3
00:02:30,751 --> 00:02:31,819
Dead end.
4
00:02:31,852 --> 00:02:32,653
Mmm.
5
00:02:34,855 --> 00:02:36,624
JOHN: Why would Labuschagne
and the other men
6
00:02:36,657 --> 00:02:39,327
in the minibus
have come up here?
7
00:02:39,360 --> 00:02:41,662
PEDRIE: He claims
he can't remember any of it.
8
00:02:50,571 --> 00:02:53,374
So, Leon's bakkie
was parked here.
9
00:02:53,407 --> 00:02:55,843
He left the keys
in the ignition,
then he ran that way.
10
00:02:57,411 --> 00:03:00,981
The minibus taxi
belonging to
the football team was...
11
00:03:01,014 --> 00:03:03,551
Came to rest here.
12
00:03:04,318 --> 00:03:05,753
Point-blank range.
13
00:03:05,786 --> 00:03:08,622
The gun they found
was registered in Leon's name.
14
00:03:08,656 --> 00:03:10,891
He dragged
the bodies over there,
then he lined them up.
15
00:03:13,494 --> 00:03:16,897
Wait. He lined the bodies up?
Why would he do that?
16
00:03:23,571 --> 00:03:25,539
None of it makes any sense.
17
00:03:26,774 --> 00:03:27,975
Oh.
18
00:03:28,008 --> 00:03:31,879
You can see
the prison from over here,
where he worked.
19
00:03:35,816 --> 00:03:37,285
JOHN: Who's the judge?
20
00:03:37,318 --> 00:03:38,719
Van Zyl, the hanging judge.
21
00:03:40,754 --> 00:03:42,723
The two of you should get on
like chalk and cheese.
22
00:03:44,592 --> 00:03:46,594
Do you think
the state should kill people?
23
00:03:48,596 --> 00:03:51,665
Majority support
the death penalty.
24
00:03:51,699 --> 00:03:55,603
The majority
supported
burning at the stake,
25
00:03:55,636 --> 00:03:58,306
witch dunking, crucifixion.
26
00:04:23,831 --> 00:04:25,333
CELL SERGEANT: Sit!
27
00:04:33,507 --> 00:04:36,510
Leon, this is John Weber.
28
00:04:36,544 --> 00:04:40,548
He's a senior advocate.
He's been asked to defend you.
29
00:04:40,581 --> 00:04:43,884
I've been asked to,
but I don't
particularly want to.
30
00:04:48,088 --> 00:04:50,724
Then why don't you go home?
31
00:04:52,426 --> 00:04:55,363
Because your case is so bad,
no one else will take it.
32
00:05:00,368 --> 00:05:04,605
I already told you,
I don't want you to defend me.
33
00:05:05,939 --> 00:05:07,541
I don't want to talk.
34
00:05:09,843 --> 00:05:12,045
I don't want to
see you, either.
35
00:05:14,014 --> 00:05:17,685
Well, we've
fulfilled our obligations.
Let's go.
36
00:05:17,718 --> 00:05:20,053
Hang on.
I've had enough of this cock.
37
00:05:20,087 --> 00:05:22,523
I've spent a shitload of time
working on this case!
38
00:05:22,556 --> 00:05:24,958
Listen to me, Leon.
You might be feeling
sorry for yourself now,
39
00:05:24,992 --> 00:05:27,628
but you're gonna feel
a hell of a lot worse
when you get a death sentence.
40
00:05:27,661 --> 00:05:30,664
I met your wife,
your little daughter, Esme.
41
00:05:30,698 --> 00:05:32,633
When you last see her?
Six months ago?
42
00:05:39,740 --> 00:05:44,144
I read in your file that
you were a warder in
the prison service.
43
00:05:44,177 --> 00:05:47,748
I suggest you find out
what's in store for you.
44
00:05:47,781 --> 00:05:49,917
Speak to the warders
when you go back to your cell,
45
00:05:49,950 --> 00:05:51,852
ask them what
happens on death row.
46
00:05:54,688 --> 00:05:57,491
I know what
happens on death row.
47
00:05:58,058 --> 00:05:59,993
I worked there.
48
00:06:03,731 --> 00:06:05,799
When this happened,
you were working
49
00:06:05,833 --> 00:06:07,601
on death row at
Maximum Security Prison?
50
00:06:08,702 --> 00:06:10,671
Surely, you were too young.
51
00:06:12,673 --> 00:06:14,742
I started working
there over two years ago.
52
00:06:16,577 --> 00:06:18,145
On gallows duty?
53
00:06:23,617 --> 00:06:25,419
Leave me alone.
54
00:06:28,922 --> 00:06:31,959
JOHN: Nobody gets away
with killing seven people.
55
00:06:31,992 --> 00:06:34,628
Unless they're the police,
of course.
56
00:06:34,662 --> 00:06:35,829
JUDGE STEYN:
Bad break, my boy.
57
00:06:35,863 --> 00:06:38,165
There's no defense
for an attack like that.
58
00:06:38,198 --> 00:06:41,001
No, the guy's as good as dead.
59
00:06:41,034 --> 00:06:42,936
Good serve, Andrew!
60
00:06:42,970 --> 00:06:46,840
Paul, stand further back,
you get a better
chance to get to the ball!
61
00:06:46,874 --> 00:06:50,678
Look at it this way, John.
Everyone gets a bad
case now and then.
62
00:06:50,711 --> 00:06:52,580
You just got a hopeless one.
63
00:06:55,215 --> 00:06:57,150
DR. SCHLEBUSCH:
With soldiers who
return from combat,
64
00:06:57,184 --> 00:06:59,587
a minority suffer
mental breakdown
65
00:06:59,620 --> 00:07:02,523
after one
traumatic experience.
66
00:07:02,556 --> 00:07:06,426
But only a very small minority
avoid breakdown
after prolonged exposure.
67
00:07:07,661 --> 00:07:11,164
Which is what
this would have been.
68
00:07:11,198 --> 00:07:14,568
In fact,
he reminds me of
veterans I've treated.
69
00:07:14,602 --> 00:07:16,804
I'd say he's in
a similar state
of emotional collapse.
70
00:07:16,837 --> 00:07:18,806
So, what you're saying,
as far as
the prosecution is concerned,
71
00:07:18,839 --> 00:07:21,074
is that your tests
don't prove mental breakdown,
72
00:07:21,108 --> 00:07:22,810
but also don't rule
out the possibility
73
00:07:22,843 --> 00:07:24,845
that he could be
a racist or a psychopath.
74
00:07:24,878 --> 00:07:28,048
My opinion?
Something triggered
a violent response.
75
00:07:29,517 --> 00:07:32,820
Any idea what that
trigger might be?
76
00:07:32,853 --> 00:07:34,087
I'm afraid not.
77
00:07:34,121 --> 00:07:36,490
So, it follows, Dr.
Schlebusch,
78
00:07:36,524 --> 00:07:38,191
that there might
actually not be a trigger.
79
00:07:39,292 --> 00:07:41,128
That's correct.
80
00:08:00,648 --> 00:08:01,882
(RIOTERS
CHANTING INDISTINCTLY)
81
00:08:06,554 --> 00:08:08,188
MALE REPORTER:
The trial of Leon Labuschagne,
82
00:08:08,221 --> 00:08:11,091
the man who shot
dead seven members
of a Mamaloni Football Club,
83
00:08:11,124 --> 00:08:14,094
starts in the Pretoria
High Court this week.
84
00:08:14,127 --> 00:08:17,164
Human Rights advocate,
John Weber,
who's defending Labuschagne,
85
00:08:17,197 --> 00:08:21,234
is well known internationally
as an opponent of
capital punishment.
86
00:08:21,268 --> 00:08:22,703
According to police sources,
87
00:08:22,736 --> 00:08:25,639
Labuschagne's
motives for the shooting
are unclear,
88
00:08:25,673 --> 00:08:29,543
and any links to
right wing organizations
is pure speculation.
89
00:08:29,577 --> 00:08:31,745
To date,
Labuschagne has refused
90
00:08:31,779 --> 00:08:33,246
to make a statement.
91
00:08:35,015 --> 00:08:37,150
PEDRIE: We won't have
many chances, Leon.
92
00:08:37,184 --> 00:08:38,686
Once you're in
the witness box,
93
00:08:38,719 --> 00:08:40,287
we'll be prohibited
from speaking to you
94
00:08:40,320 --> 00:08:42,222
until you finish
giving evidence.
95
00:08:42,255 --> 00:08:43,591
So, you've gotta
help us now, man.
96
00:08:43,624 --> 00:08:46,760
Just give us a reason
for why things
happened the way they did.
97
00:08:56,269 --> 00:08:59,072
There you have it.
98
00:08:59,106 --> 00:09:00,608
He's been briefed
on how to respond
99
00:09:00,641 --> 00:09:02,075
to the judge
and the prosecutor
100
00:09:02,109 --> 00:09:04,612
and how to
answer our questions.
101
00:09:04,645 --> 00:09:06,213
I don't know
what else I can do.
102
00:09:13,286 --> 00:09:14,655
CELL SERGEANT: Stand up!
103
00:09:14,688 --> 00:09:18,792
Hold it!
Labuschagne, look at this.
104
00:09:20,227 --> 00:09:22,830
Mr. Wierda obtained this
register from
the Prisons department.
105
00:09:22,863 --> 00:09:25,766
It lists
the names of all the men
hanged last year.
106
00:09:25,799 --> 00:09:27,968
You must've participated
in some of these executions.
107
00:09:28,969 --> 00:09:30,003
All of them.
108
00:09:31,972 --> 00:09:33,974
Repeat that?
109
00:09:34,007 --> 00:09:35,676
I was at all the executions.
110
00:09:37,645 --> 00:09:40,781
According to this list,
164 men were
executed last year.
111
00:09:41,081 --> 00:09:43,216
A record number.
112
00:09:43,250 --> 00:09:44,985
If that's what it says.
113
00:09:47,387 --> 00:09:51,191
Why were you present
at every execution?
114
00:10:03,971 --> 00:10:04,905
Pierre.
115
00:10:04,938 --> 00:10:06,740
Aye, John.
116
00:10:06,774 --> 00:10:08,075
How is it?
Good.
117
00:10:10,277 --> 00:10:13,080
Uh, could you let
me sit this side?
If you don't mind.
118
00:10:13,113 --> 00:10:14,682
Yeah, sure.
Thanks.
119
00:10:22,189 --> 00:10:24,191
So, how's my sister?
120
00:10:24,224 --> 00:10:25,693
Surprised to
hear you're in town.
121
00:10:26,827 --> 00:10:28,896
So, what's this business
you wanna discuss?
122
00:10:31,131 --> 00:10:32,733
Pierre, um,
123
00:10:34,367 --> 00:10:37,705
what do you know about the men
who work on death row?
124
00:10:38,872 --> 00:10:40,173
Not much.
125
00:10:42,242 --> 00:10:45,112
Well, I happen to know
that they take
part in executions,
126
00:10:45,145 --> 00:10:50,250
but what I don't know is,
what kind of person does that?
127
00:10:50,283 --> 00:10:52,920
What makes
someone take on the job
of killing someone?
128
00:10:55,055 --> 00:10:57,691
John, I can't talk about that.
You should know that by now.
129
00:10:57,725 --> 00:11:00,027
I don't mean you.
This is a boy they put
130
00:11:00,060 --> 00:11:03,797
on gallows duty at 17,
for God's sake.
131
00:11:03,831 --> 00:11:06,199
And you get another shot
at the evil system
you hate so much, eh?
132
00:11:07,500 --> 00:11:10,337
Pierre,
they threw this boy into hell
133
00:11:10,370 --> 00:11:13,774
and he went out
and shot seven men.
134
00:11:13,807 --> 00:11:17,845
Now, he won't,
or can't speak
a word to defend himself.
135
00:11:19,446 --> 00:11:23,216
You have contacts
inside the prison system.
136
00:11:23,250 --> 00:11:24,785
They'll talk to you.
137
00:11:27,320 --> 00:11:30,390
All right,
I'll make some inquiries,
but you're wasting your time.
138
00:11:30,423 --> 00:11:33,426
'Cause the guys
who do what he does,
they don't talk about it.
139
00:11:33,460 --> 00:11:34,895
They never do.
140
00:12:07,828 --> 00:12:10,197
You should tell him
to keep his head up.
141
00:12:10,230 --> 00:12:12,766
It's the victims' families,
they staring at him.
142
00:12:17,437 --> 00:12:19,973
That's his parents,
his sister Antoinette.
143
00:12:40,360 --> 00:12:45,432
At about 18:00,
on a deserted road
near the Magazine Hill quarry,
144
00:12:45,465 --> 00:12:47,534
the accused forced
the minibus in which
145
00:12:47,567 --> 00:12:49,870
the deceased were
traveling from the road,
146
00:12:49,903 --> 00:12:53,040
then shot all seven
victims with a pistol.
147
00:12:59,212 --> 00:13:01,048
Detective,
is this pistol, which is
148
00:13:01,081 --> 00:13:03,050
registered in
the name of the accused,
149
00:13:03,083 --> 00:13:05,518
the firearm that was used
to fire the bullets
found at the scene?
150
00:13:08,288 --> 00:13:09,556
This is the pistol, M'Lord.
151
00:13:11,224 --> 00:13:13,326
That's all I have for
this witness, My Lord.
152
00:13:14,427 --> 00:13:15,528
Mr. Weber?
153
00:13:18,198 --> 00:13:19,532
No questions, My Lord.
154
00:13:23,937 --> 00:13:25,272
What are you doing?
155
00:13:25,305 --> 00:13:26,373
I'll explain later.
156
00:13:29,376 --> 00:13:31,111
MARAIS: The bakkie found
parked next to the body,
157
00:13:31,144 --> 00:13:33,513
that too was registered
in the name of the accused?
158
00:13:33,546 --> 00:13:35,916
Yes.
159
00:13:35,949 --> 00:13:38,551
MARAIS:
According to your report,
the vehicle would not start.
160
00:13:38,585 --> 00:13:40,320
OFFICER: Correct.
He was forced to flee on foot.
161
00:13:41,421 --> 00:13:42,522
That's all, My Lord.
162
00:13:48,461 --> 00:13:50,563
No questions, My Lord.
163
00:13:50,597 --> 00:13:52,132
Why didn't you
cross
164
00:13:52,165 --> 00:13:53,633
We can't argue facts.
165
00:13:53,666 --> 00:13:56,136
If we admit everything,
we deny them the opportunity
166
00:13:56,169 --> 00:13:57,905
for a parade of
emotional witnesses,
167
00:13:57,938 --> 00:13:59,873
and rob
the case of its impact.
168
00:13:59,907 --> 00:14:03,143
So, after a couple of days,
they'll have nothing left.
169
00:14:03,176 --> 00:14:07,147
They found him,
they found the gun,
they found the bakkie.
170
00:14:07,180 --> 00:14:08,515
That's all they've got.
171
00:14:08,548 --> 00:14:10,217
That's all?
172
00:14:10,250 --> 00:14:12,285
What have we got?
Leon is nearly comatose,
173
00:14:12,319 --> 00:14:14,154
Dr. Schlebusch will
barely speak to him...
174
00:14:14,187 --> 00:14:15,889
If it goes that way tomorrow,
gentlemen,
175
00:14:15,923 --> 00:14:17,357
we'll soon be
finished on our side.
176
00:14:17,390 --> 00:14:18,992
Good night.
177
00:14:19,026 --> 00:14:20,894
Good night.
178
00:14:20,928 --> 00:14:23,596
And you were going to say,
179
00:14:23,630 --> 00:14:27,634
a senior advocate
who hasn't handled
a murder case in 15 years?
180
00:14:34,041 --> 00:14:36,009
I don't know
what you said
to him last time,
181
00:14:36,043 --> 00:14:37,978
but he was grouchy
when he came home.
182
00:14:39,246 --> 00:14:41,348
More than usual?
183
00:14:41,381 --> 00:14:43,516
I'm the one who has
to live with him, John.
184
00:14:44,417 --> 00:14:45,618
Here, take that.
185
00:14:52,059 --> 00:14:54,594
Seems to me he's
guilty of murder
186
00:14:54,627 --> 00:14:57,664
and you're trying to turn it
into a political case.
187
00:14:57,697 --> 00:15:01,368
Well, every case involving
the death sentence
is a political case.
188
00:15:01,401 --> 00:15:03,903
Could've just been road rage,
you ever think of that?
189
00:15:05,973 --> 00:15:08,275
He shot seven people 13 times.
190
00:15:09,409 --> 00:15:12,079
A very bad case of road rage.
191
00:15:14,147 --> 00:15:15,582
The only thing I've
accomplished so far
192
00:15:15,615 --> 00:15:17,384
is to keep our
strategy a secret,
193
00:15:17,417 --> 00:15:19,286
but that ends when
the defense starts.
194
00:15:21,554 --> 00:15:24,357
Well,
see if this is of any use.
195
00:15:25,058 --> 00:15:26,026
What is it?
196
00:15:26,059 --> 00:15:29,229
It's a Table of Drops.
How much do you weigh?
197
00:15:29,997 --> 00:15:32,099
About 70 kilos.
198
00:15:33,133 --> 00:15:36,703
So, you divide 840 foot-pounds
199
00:15:36,736 --> 00:15:39,339
by the weight of the prisoner,
in this case 70,
200
00:15:39,372 --> 00:15:41,474
which means that you,
John Weber,
201
00:15:41,508 --> 00:15:43,643
would need five feet,
three inches of rope
202
00:15:43,676 --> 00:15:47,214
for a nice,
clean break.
203
00:15:47,247 --> 00:15:49,149
He was very good
at it, apparently.
204
00:15:49,182 --> 00:15:50,617
They relied on him,
calculating the drops.
205
00:15:55,055 --> 00:15:56,423
And how do you know this?
206
00:15:59,792 --> 00:16:01,161
You don't wanna ask.
207
00:16:03,496 --> 00:16:04,631
What else, Pierre?
208
00:16:07,734 --> 00:16:11,538
What struck me is
that these warders,
209
00:16:11,571 --> 00:16:14,541
they get to know the men
that they have to hang.
210
00:16:14,574 --> 00:16:18,045
They're their caretakers,
then they haul them out,
string them up.
211
00:16:19,346 --> 00:16:20,647
And this struck you, why?
212
00:16:22,782 --> 00:16:27,254
In a war,
you don't see
the enemy as people.
213
00:16:27,287 --> 00:16:30,257
You're shooting at uniforms,
not men.
214
00:16:32,459 --> 00:16:36,629
The only thing worse
than killing a stranger
is killing someone you know.
215
00:16:41,268 --> 00:16:43,403
Strangers are hard enough.
216
00:16:49,242 --> 00:16:51,344
You have to go
through all of these?
217
00:16:51,378 --> 00:16:54,781
Yes, these 32 men
who were hanged in
the last two weeks
218
00:16:54,814 --> 00:16:56,616
Leon was there.
219
00:16:56,649 --> 00:16:59,519
And what are we
looking for exactly?
220
00:16:59,552 --> 00:17:02,455
It might be useful
to find out something
about the men he hanged
221
00:17:02,489 --> 00:17:05,192
in the days
before the shooting.
222
00:17:05,225 --> 00:17:09,762
He developed a very
close relationship
with these men.
223
00:17:09,796 --> 00:17:12,465
How would you know that?
224
00:17:12,499 --> 00:17:17,070
My brother-in-law has contacts
in the prison system.
225
00:17:17,104 --> 00:17:18,171
He's a warder?
226
00:17:21,541 --> 00:17:26,579
Intelligence. Special Forces.
He spent three years
fighting in Angola.
227
00:17:28,215 --> 00:17:30,550
What's that got to do
with anything, John?
228
00:17:30,583 --> 00:17:33,186
Well, for one thing,
it means he knows
229
00:17:33,220 --> 00:17:35,322
first-hand what
killing does to a person.
230
00:17:36,823 --> 00:17:40,293
I'm sorry,
are we assembling evidence
231
00:17:40,327 --> 00:17:43,496
to support your
political pre-conception
about capital punishment,
232
00:17:43,530 --> 00:17:45,865
or are we trying to discover
the extenuating circumstances
233
00:17:45,898 --> 00:17:48,601
that might save Leon
from a death sentence?
234
00:17:50,570 --> 00:17:55,208
Something must have happened
to Labuschagne toward the end.
235
00:17:55,242 --> 00:17:59,579
These men all had
reasons for killing.
He must've had a reason.
236
00:17:59,612 --> 00:18:01,781
We need to find
out what it is.
237
00:18:01,814 --> 00:18:04,551
So, we're down to
wild hunches, then.
238
00:18:04,584 --> 00:18:06,519
Look,
I understand that a defense
239
00:18:06,553 --> 00:18:08,421
based on complete
mental breakdown
240
00:18:08,455 --> 00:18:10,890
doesn't succeed very often.
241
00:18:10,923 --> 00:18:13,092
But it's all we've
got at this stage.
242
00:18:15,295 --> 00:18:16,663
Unless you have a better idea.
243
00:18:20,633 --> 00:18:22,602
Do you have a better idea?
244
00:18:25,372 --> 00:18:26,839
No.
245
00:19:16,656 --> 00:19:17,657
Um...
246
00:19:21,228 --> 00:19:26,199
If it pleases My Lord
and My Lord's
learned assessors.
247
00:19:26,233 --> 00:19:27,600
Yes, yes, carry on.
248
00:19:28,835 --> 00:19:31,971
This is an extraordinary case
249
00:19:32,004 --> 00:19:36,576
in which the evidence
for the prosecution
is undisputed
250
00:19:36,609 --> 00:19:38,811
and the case for
the prosecution is,
251
00:19:38,845 --> 00:19:40,780
in a way, also
the case for the defense.
252
00:19:41,914 --> 00:19:44,617
On a murder charge,
the prosecution has to prove
253
00:19:44,651 --> 00:19:49,556
that the act was
both unlawful and intentional.
254
00:19:49,589 --> 00:19:52,725
We intend to prove
that there was no act
255
00:19:52,759 --> 00:19:56,363
to which the law attaches
legal consequences.
256
00:19:56,396 --> 00:19:59,599
Are you
suggesting there was no act
when we have seven bodies?
257
00:19:59,632 --> 00:20:01,834
My Lord is
entitled to be skeptical.
258
00:20:01,868 --> 00:20:06,239
The prosecution
has been at pains
to explain what has happened.
259
00:20:06,273 --> 00:20:08,841
We intend to explain
why these events happened
260
00:20:08,875 --> 00:20:12,712
and whether the accused
can be held
criminally responsible.
261
00:20:12,745 --> 00:20:14,714
Well,
you'd better explain
262
00:20:14,747 --> 00:20:16,649
very carefully
what the defense is,
263
00:20:16,683 --> 00:20:18,418
as I'm at
a loss to understand.
264
00:20:19,652 --> 00:20:22,722
How can you say
there was no act
265
00:20:22,755 --> 00:20:25,392
when you've admitted that
the accused killed
the seven deceased?
266
00:20:25,425 --> 00:20:27,494
With respect,
My Lord, the events
267
00:20:27,527 --> 00:20:30,663
at the quarry
are not in dispute,
268
00:20:30,697 --> 00:20:32,965
but the brutality,
the scale of the events,
269
00:20:32,999 --> 00:20:36,002
seven fit young men
killed by a single individual
270
00:20:36,035 --> 00:20:38,838
calls for closer scrutiny.
271
00:20:38,871 --> 00:20:41,608
The prosecution has adduced
no evidence of a motive,
272
00:20:41,641 --> 00:20:43,276
and there appears to be none.
273
00:20:43,310 --> 00:20:47,013
We intend to look
at the accused's
working conditions
274
00:20:47,046 --> 00:20:50,450
on death row,
inside Maximum
Security Prison,
275
00:20:50,483 --> 00:20:52,485
and the events
that took place there
276
00:20:52,519 --> 00:20:54,387
prior to
the incidents at the quarry
277
00:20:54,421 --> 00:20:56,756
in order to find
the reason for his actions.
278
00:20:58,491 --> 00:20:59,826
Actions we believe
279
00:21:00,092 --> 00:21:02,562
were unconscious
280
00:21:02,595 --> 00:21:06,299
and triggered by
his traumatic
experiences as a warder.
281
00:21:12,839 --> 00:21:14,407
So,
282
00:21:15,508 --> 00:21:17,977
the defense is asserting
283
00:21:18,010 --> 00:21:21,981
that the accused's
working conditions
triggered these actions,
284
00:21:22,014 --> 00:21:25,818
that they were involuntary,
and therefore not
punishable by law.
285
00:21:26,953 --> 00:21:28,455
Correct, My Lord.
286
00:21:33,526 --> 00:21:36,396
This raises
matters of state security, Mr.
Weber.
287
00:21:41,568 --> 00:21:45,405
If I allow this,
I don't want any names used.
288
00:21:46,806 --> 00:21:49,742
Not of officials or inmates.
Not one.
289
00:22:23,175 --> 00:22:26,679
Listen, Labuschagne,
290
00:22:26,713 --> 00:22:32,419
when you're on the stand,
you'll talk,
you'll do as you're told,
291
00:22:32,452 --> 00:22:35,755
or you'll soon find yourself
back in your gallows
292
00:22:35,788 --> 00:22:37,524
with a noose
around your own neck.
293
00:22:44,964 --> 00:22:47,667
Mr. Labuschagne,
please tell
the court how old you were
294
00:22:47,700 --> 00:22:49,802
when you first
joined the prison service.
295
00:22:56,876 --> 00:22:58,077
17.
296
00:22:58,978 --> 00:23:01,681
And why did you join?
297
00:23:01,714 --> 00:23:03,950
If you join
the police or prisons,
298
00:23:03,983 --> 00:23:06,152
you don't have
to go to the army.
299
00:23:07,787 --> 00:23:10,156
Why did you wish to
avoid the military?
300
00:23:12,592 --> 00:23:14,961
They sent you to
Angola to fight.
301
00:23:18,465 --> 00:23:21,434
Were you aware
that the warders
at Maximum Security Prison
302
00:23:21,468 --> 00:23:22,435
performed gallows duties?
303
00:23:24,837 --> 00:23:26,973
LEON: No.
304
00:23:27,006 --> 00:23:30,109
So, you had no idea
what your duties would be
305
00:23:30,142 --> 00:23:31,778
when you first
arrived at Maximum.
306
00:23:33,813 --> 00:23:36,115
LEON: No.
307
00:23:36,148 --> 00:23:38,885
JOHN: Could you tell the court
about your first day there?
308
00:23:40,119 --> 00:23:43,623
I was briefed on
the importance of secrecy.
309
00:23:44,857 --> 00:23:48,628
I was told not
to speak to anyone
310
00:23:48,661 --> 00:23:50,830
about anything to
do with the work
311
00:23:50,863 --> 00:23:52,932
we were doing
inside the prison.
312
00:23:54,767 --> 00:23:58,437
And if I did,
I'd be disciplined.
313
00:24:00,673 --> 00:24:03,576
My Lord,
is this detail necessary?
314
00:24:03,610 --> 00:24:06,946
We are here to shed light
on what occurred
on Magazine Hill,
315
00:24:06,979 --> 00:24:10,182
not to make public
the internal functions
of a government institution
316
00:24:10,216 --> 00:24:13,686
whose activities
might be confidential,
perhaps even secret.
317
00:24:17,089 --> 00:24:21,093
My Lord, the time
the accused spent
working on death row
318
00:24:21,127 --> 00:24:24,163
is central to
the defense's case
regarding his state of mind
319
00:24:24,196 --> 00:24:26,899
that day on Magazine Hill.
320
00:24:26,933 --> 00:24:30,202
We intend to lead
detailed testimony
321
00:24:30,236 --> 00:24:33,139
about
the accused's state of mind,
322
00:24:33,172 --> 00:24:35,708
in particular,
his circumstances at work.
323
00:24:41,914 --> 00:24:44,751
I'll allow it, Mr.
Weber, provisionally.
324
00:24:47,720 --> 00:24:49,155
Continue, please.
325
00:24:49,188 --> 00:24:53,125
What did you
experience on your first day
at Maximum, Mr. Labuschagne?
326
00:25:06,272 --> 00:25:09,842
I was to accompany
the warrant officer
327
00:25:09,876 --> 00:25:11,243
to see seven men on the rope.
328
00:25:11,277 --> 00:25:12,779
JOHN: "On the rope?"
329
00:25:16,282 --> 00:25:19,518
LEON: It's what we
say for any prisoner
under the death sentence.
330
00:25:22,855 --> 00:25:27,727
These seven were
going up the next day
to the gallows.
331
00:25:34,934 --> 00:25:37,870
Will you please tell the court
332
00:25:37,904 --> 00:25:39,872
what happened
when you went
to see these men?
333
00:25:45,645 --> 00:25:50,282
The warrant officer said
I'd have to pick one
334
00:25:50,316 --> 00:25:54,220
as I'd have to
escort one of the men
to be hanged the next day.
335
00:25:56,689 --> 00:25:58,825
So, you were told
you were gonna help
336
00:25:58,858 --> 00:26:00,893
hang one of these
men the very next day.
337
00:26:04,997 --> 00:26:09,201
Sir, I'd rather you
picked one for me, sir.
338
00:26:09,235 --> 00:26:12,705
The new boy must pick one.
That's how it works.
339
00:26:20,947 --> 00:26:22,048
Hmm?
340
00:26:28,955 --> 00:26:30,823
Makhandla.
341
00:26:31,824 --> 00:26:33,292
Pick Makhandla.
342
00:26:38,965 --> 00:26:40,667
What's his name?
343
00:26:43,235 --> 00:26:44,804
What's his name?
Makhandla!
344
00:26:48,808 --> 00:26:50,409
Did the warrant
officer tell you
345
00:26:50,442 --> 00:26:52,011
what you were to
do the next day
346
00:26:52,044 --> 00:26:53,913
as an escort at a hanging?
347
00:26:56,749 --> 00:27:00,887
Just said to learn by
following and watching others.
348
00:27:03,055 --> 00:27:05,157
That was your first day?
349
00:27:05,925 --> 00:27:07,059
Yes.
350
00:27:09,228 --> 00:27:11,698
Tell the court what happened
on your second day.
351
00:27:17,369 --> 00:27:18,170
(WARRANT OFFICER
SHOUTS INDISTINCTLY)
352
00:27:22,008 --> 00:27:24,043
LEON:
Executions are at 7:00 a.m.
353
00:27:27,413 --> 00:27:29,648
We came for them at 6:00.
354
00:27:34,053 --> 00:27:35,254
(WARRANT OFFICER
SPEAKING AFRIKAANS)
355
00:28:17,764 --> 00:28:18,364
(WARRANT OFFICER
SPEAKING AFRIKAANS)
356
00:28:49,195 --> 00:28:50,329
Come on.
357
00:29:02,541 --> 00:29:05,077
(WARRANT OFFICER
SPEAKING AFRIKAANS)
358
00:29:16,923 --> 00:29:18,057
WARRANT OFFICER:
Come.
359
00:29:23,462 --> 00:29:25,331
JOHN: Were there any problems?
360
00:29:29,401 --> 00:29:31,838
Were there any problems,
Mr. Labuschagne?
361
00:29:36,275 --> 00:29:37,977
No.
362
00:29:38,010 --> 00:29:41,347
Everyone just does
what they're told, do they?
363
00:29:43,015 --> 00:29:45,885
LEON: They're taught to obey.
364
00:29:47,419 --> 00:29:49,488
What happens if
they don't obey?
365
00:30:10,877 --> 00:30:11,911
Come on.
366
00:30:20,186 --> 00:30:22,221
(WARRANT OFFICER
SPEAKING AFRIKAANS)
367
00:30:41,007 --> 00:30:42,341
SHERIFF:
Do you have anything to say
368
00:30:42,374 --> 00:30:46,012
before the order of
the court is carried out?
369
00:30:46,045 --> 00:30:50,416
Do you have anything to say
before the order of
the court is carried out?
370
00:30:50,449 --> 00:30:54,586
Do you have anything to say
before the order of
the court is carried out?
371
00:30:54,620 --> 00:30:58,257
Do you have anything to say
before the order of
the court is carried out?
372
00:30:58,290 --> 00:31:01,527
Do you have anything to say
before the order of
the court is carried out?
373
00:31:01,560 --> 00:31:05,431
Do you have anything to say
before the order of
the court is carried out?
374
00:31:53,079 --> 00:31:56,215
LEON: I didn't
wanna look at the rope,
but I could smell it.
375
00:31:57,683 --> 00:32:01,020
It was like a wet doormat.
376
00:32:09,395 --> 00:32:10,629
A sound was in my ears,
377
00:32:12,564 --> 00:32:14,000
like water.
378
00:32:19,405 --> 00:32:21,073
I could feel my arm shaking,
379
00:32:22,674 --> 00:32:26,245
but I didn't know
if it was from me
or from the prisoner.
380
00:32:38,024 --> 00:32:41,627
Tell us in your own words
what you observed.
381
00:32:50,536 --> 00:32:52,704
Mr. Labuschagne,
the court is waiting.
382
00:32:54,673 --> 00:32:57,343
Tell us what you
remember from that day.
383
00:33:00,112 --> 00:33:01,347
The noise.
384
00:33:03,415 --> 00:33:05,451
What did you see?
385
00:34:18,890 --> 00:34:20,592
WARRANT OFFICER:
Don't hold on so
tight next time,
386
00:34:21,893 --> 00:34:24,596
or he'll pull
you down with him.
387
00:34:24,630 --> 00:34:27,099
Then you'll look
like a puss, won't you?
388
00:34:43,349 --> 00:34:45,351
JOHN: Did the warrant officer
say anything to
you after this?
389
00:34:47,619 --> 00:34:50,689
LEON: I was told
not to talk about the hanging,
390
00:34:51,357 --> 00:34:54,126
any hanging, to anyone.
391
00:34:59,565 --> 00:35:01,700
JOHN:
Did he say anything else?
392
00:35:01,733 --> 00:35:04,670
LEON: That I would
be doing this job
393
00:35:04,703 --> 00:35:07,506
two or three
times every two weeks.
394
00:35:09,741 --> 00:35:13,245
Two or three
times every two weeks.
395
00:35:13,279 --> 00:35:16,248
Did he offer any advice,
or counseling?
396
00:35:18,417 --> 00:35:20,786
No.
397
00:35:20,819 --> 00:35:24,190
Did he provide any training
for the work you were to do?
398
00:35:24,856 --> 00:35:26,325
No.
399
00:35:26,358 --> 00:35:28,894
Had you been assessed
or screened in any way
400
00:35:28,927 --> 00:35:30,862
to ensure you were
suitable for this job?
401
00:35:33,599 --> 00:35:34,766
No.
402
00:35:34,800 --> 00:35:37,269
Did the warrant
officer give you a choice,
403
00:35:37,303 --> 00:35:39,371
whether you were willing
to do this work, or not?
404
00:35:41,340 --> 00:35:43,409
No.
405
00:35:43,442 --> 00:35:47,646
Remind the court
as to how many days
you'd been working at Maximum
406
00:35:47,679 --> 00:35:49,748
when you were called upon
to hang these men.
407
00:35:53,519 --> 00:35:54,820
One.
408
00:35:55,821 --> 00:35:57,389
JOHN: And you were how old?
409
00:35:59,425 --> 00:36:02,628
I said, I was 17.
410
00:36:08,567 --> 00:36:09,835
Still 17.
411
00:36:15,607 --> 00:36:16,808
Mr. Weber.
412
00:36:18,009 --> 00:36:19,211
Um...
413
00:36:20,546 --> 00:36:24,683
Would now be a convenient time
to adjourn, My Lord?
414
00:36:24,716 --> 00:36:26,485
The court adjourns.
415
00:36:38,297 --> 00:36:39,698
Mr. Weber?
416
00:36:40,699 --> 00:36:42,634
Sorry.
417
00:36:42,668 --> 00:36:44,770
You asked if I
believed Leon when he said
418
00:36:44,803 --> 00:36:47,306
he had no memory
of the shooting.
419
00:36:47,339 --> 00:36:49,441
Memory is
an intellectual function.
420
00:36:49,475 --> 00:36:53,512
When you're completely swamped
by emotion,
the intellect can shut down.
421
00:36:53,545 --> 00:36:56,548
So, memory shuts down, too.
422
00:36:56,582 --> 00:36:59,651
They're upset.
They don't like seeing him
put through the wringer.
423
00:36:59,685 --> 00:37:02,288
They'll like it even less
if he ends up on death row.
424
00:37:02,321 --> 00:37:05,591
You'll have to force Leon
to recollect
things that are painful.
425
00:37:05,624 --> 00:37:08,627
Break him down,
make him cry even.
Then he'll talk.
426
00:37:08,660 --> 00:37:09,795
Hell, that's the problem.
427
00:37:09,828 --> 00:37:11,730
We have no idea
what he'll talk about.
428
00:37:11,763 --> 00:37:12,898
We're plunging
down a dark tunnel
429
00:37:12,931 --> 00:37:14,099
with no idea what's
on the other side.
430
00:37:14,132 --> 00:37:16,835
What's on the other side
may be the reason
why it happened.
431
00:37:16,868 --> 00:37:18,837
And if that reason is
racial or political,
432
00:37:18,870 --> 00:37:20,506
how's it gonna help
him beat the rope?
433
00:37:22,441 --> 00:37:24,710
How can you defend
that man, Mr. Weber?
434
00:37:26,345 --> 00:37:29,715
Ma'am, I despise
killing of any kind,
435
00:37:30,749 --> 00:37:32,518
lawful or unlawful.
436
00:37:32,551 --> 00:37:34,686
What about my son?
Thabo Mokoena.
437
00:37:34,720 --> 00:37:37,323
Why should he
get away with it?
438
00:37:37,356 --> 00:37:38,457
She is right, sir.
439
00:37:41,327 --> 00:37:43,329
That man must pay
for what he's done!
440
00:37:59,945 --> 00:38:03,415
Look at this one.
"Eben Christiaan Coetzee."
441
00:38:03,449 --> 00:38:07,419
Same age as Leon.
Had a daughter.
From a good home.
442
00:38:07,453 --> 00:38:09,555
Mild mannered by all accounts.
443
00:38:09,588 --> 00:38:11,790
Participated in
the rape of a black woman
444
00:38:11,823 --> 00:38:13,759
after pressure from
the others involved.
445
00:38:13,792 --> 00:38:15,661
All of whom were older.
446
00:38:15,694 --> 00:38:17,896
Then he snaps,
goes on a rampage,
447
00:38:17,929 --> 00:38:19,698
and takes the lead
in killing the victim.
448
00:38:19,731 --> 00:38:20,866
Why?
449
00:38:22,067 --> 00:38:24,336
I wouldn't know.
450
00:38:24,370 --> 00:38:27,606
Was he trying to
prove something
to the others?
451
00:38:27,639 --> 00:38:30,476
Was that the reason?
452
00:38:30,509 --> 00:38:33,812
We won't ever know. He's dead.
They hanged him.
453
00:38:35,581 --> 00:38:37,082
Yes.
454
00:38:37,115 --> 00:38:40,619
And Leon was his escort.
455
00:38:40,652 --> 00:38:44,055
He specifically requested
Leon be his escort.
456
00:38:45,824 --> 00:38:47,693
Why?
457
00:38:47,726 --> 00:38:49,928
I'm going home, John.
458
00:38:49,961 --> 00:38:51,797
We still have
the case
histories to go through.
459
00:38:51,830 --> 00:38:54,866
No. We're off on
some tangent here.
460
00:38:54,900 --> 00:38:57,603
These profiles,
they're not gonna tell us
anything about Leon,
461
00:38:57,636 --> 00:38:59,438
or why he did what he did.
462
00:38:59,471 --> 00:39:03,942
That woman,
the one who lost her son,
Mrs. Mokoena, she's right.
463
00:39:03,975 --> 00:39:06,077
You sit there
wringing your hands
over the death penalty,
464
00:39:06,111 --> 00:39:08,814
studying the case files
of the men who were hanged.
465
00:39:08,847 --> 00:39:12,484
But no one ever
remembers the victims.
Like this guy.
466
00:39:14,653 --> 00:39:18,390
Him and his accomplice
stabbed
the victim numerous times.
467
00:39:18,424 --> 00:39:21,126
No one remembers
that poor man
running for his life.
468
00:39:21,159 --> 00:39:23,762
Or this guy,
this bastard who burned
469
00:39:23,795 --> 00:39:26,632
his victim to death
in the boot of her car.
470
00:39:26,665 --> 00:39:28,900
No one remembers
that poor woman's suffering.
471
00:39:28,934 --> 00:39:30,936
Or any of these women
in any of these cases,
472
00:39:30,969 --> 00:39:33,138
who were raped and
strangled and beaten,
473
00:39:33,171 --> 00:39:35,474
had their heads
bashed in, stabbed,
474
00:39:35,507 --> 00:39:38,410
drowned in their own blood
in the arms of a son!
475
00:39:38,444 --> 00:39:40,946
No one remembers
their suffering.
And who organizes a protest,
476
00:39:40,979 --> 00:39:44,716
or delivers a paper at
an international conference!
477
00:39:50,822 --> 00:39:53,725
The reason is that
these men are animals.
478
00:39:54,726 --> 00:39:56,895
And when there's
a gang involved,
479
00:39:56,928 --> 00:39:58,564
reason goes out
the window altogether.
480
00:40:00,231 --> 00:40:02,734
The only thing
you can do with them
481
00:40:02,768 --> 00:40:04,736
is to get rid
of them for good.
482
00:40:09,808 --> 00:40:11,176
Pedrie, there's...
483
00:40:12,478 --> 00:40:14,846
There's something here.
484
00:40:14,880 --> 00:40:18,684
The relationships
that Leon formed
with the men he hanged
485
00:40:18,717 --> 00:40:21,052
have to had an impact on him.
486
00:40:26,725 --> 00:40:28,727
I need to go, John.
487
00:40:31,897 --> 00:40:33,031
Good night.
488
00:41:28,286 --> 00:41:30,556
PEDRIE: Who's that?
489
00:41:30,589 --> 00:41:34,025
If that's who I think it is,
we're in for a rough ride.
490
00:41:39,064 --> 00:41:40,899
Please,
could you inform the court
491
00:41:40,932 --> 00:41:42,734
as to how many
men were executed
492
00:41:42,768 --> 00:41:44,269
in your final year at Maximum.
493
00:41:44,302 --> 00:41:46,838
Please consult
the execution register,
494
00:41:46,872 --> 00:41:48,874
which has been
submitted as evidence.
495
00:41:56,014 --> 00:41:58,316
164.
496
00:41:58,349 --> 00:42:01,119
164 hangings
in a single year,
497
00:42:01,152 --> 00:42:03,254
which was a record, I believe.
498
00:42:03,288 --> 00:42:04,890
LEON: Yes.
499
00:42:04,923 --> 00:42:07,025
JOHN: And you were present
when these men were admitted
500
00:42:07,058 --> 00:42:09,661
and you were also present
when they were executed.
501
00:42:09,695 --> 00:42:10,862
LEON: Yes.
502
00:42:10,896 --> 00:42:12,297
JOHN: At all
the executions that year.
503
00:42:12,330 --> 00:42:14,265
LEON: Yes.
504
00:42:14,299 --> 00:42:17,569
So, you would've come to know
these people
during their stay,
505
00:42:17,603 --> 00:42:19,671
or should I say,
"your stay at Maximum?"
506
00:42:20,806 --> 00:42:22,808
LEON: Yes.
507
00:42:22,841 --> 00:42:24,309
How well did you
get to know these men?
508
00:42:25,644 --> 00:42:28,013
We spent all day with them.
509
00:42:28,046 --> 00:42:30,015
So, would you say that,
in some cases,
510
00:42:30,048 --> 00:42:32,250
you developed relationships
with some of these men?
511
00:42:36,788 --> 00:42:41,059
Let's pick
a prisoner at random.
512
00:42:41,092 --> 00:42:43,261
If you look down the list.
513
00:42:43,294 --> 00:42:45,964
Eben Christiaan Coetzee,
for example.
514
00:42:45,997 --> 00:42:48,066
We object, My Lord.
Once again, my learned friend
515
00:42:48,099 --> 00:42:51,002
is straying into matters
which are
deliberately kept confidential
516
00:42:51,036 --> 00:42:54,205
out of respect
for the families
of the executed prisoners.
517
00:42:54,239 --> 00:42:57,843
Yes, Mr. Weber. I've asked you
to keep the names out of this.
518
00:42:57,876 --> 00:43:01,680
My Lord, we have to use a name
in this instance
519
00:43:01,713 --> 00:43:04,082
as the prisoner,
before he was hanged,
520
00:43:04,115 --> 00:43:07,352
may have developed
a relationship
with the accused.
521
00:43:07,385 --> 00:43:11,990
Further, My Lord,
the evidence supplied
and the names thereon
522
00:43:12,023 --> 00:43:15,761
are a matter of public record,
not confidential at all.
523
00:43:24,435 --> 00:43:27,238
I've given
the defense a lot of leeway
in this case,
524
00:43:29,240 --> 00:43:32,143
far more than I
ever imagined I would
in a case like this.
525
00:43:33,779 --> 00:43:36,347
I expect the same solicitude
from the defense in future.
526
00:43:39,718 --> 00:43:42,788
Mr. Labuschagne, how well
did you know the prisoner,
527
00:43:42,821 --> 00:43:44,690
Eben Christiaan Coetzee?
528
00:43:48,694 --> 00:43:50,796
I read the Bible to him.
529
00:43:50,829 --> 00:43:53,799
To any prisoner
who requested it.
530
00:43:56,067 --> 00:43:59,637
Eben was 19
years old, correct?
531
00:44:01,072 --> 00:44:02,708
Yes.
532
00:44:02,741 --> 00:44:05,310
Eben had a wife and daughter,
and I believe
533
00:44:05,343 --> 00:44:07,979
you have a daughter,
don't you?
534
00:44:08,714 --> 00:44:09,848
Esme.
535
00:44:12,083 --> 00:44:13,785
You met his wife and daughter.
536
00:44:18,389 --> 00:44:20,926
They came to say
goodbye to him.
537
00:44:24,095 --> 00:44:27,265
I walked them
back to the car park
through the prison garden.
538
00:44:29,735 --> 00:44:32,670
And they thanked me
for looking after him.
539
00:44:34,439 --> 00:44:38,343
You believed
that Eben should
have been reprieved?
540
00:44:38,376 --> 00:44:42,881
Other men were reprieved,
so, why shouldn't he
have been reprieved?
541
00:44:43,949 --> 00:44:44,950
Did you tell him?
542
00:44:49,387 --> 00:44:51,422
I would've been dismissed.
543
00:44:51,456 --> 00:44:53,258
By the warrant officer?
544
00:44:54,092 --> 00:44:56,027
Over here.
545
00:44:57,395 --> 00:44:58,864
VAN ZYL: Order!
546
00:45:06,171 --> 00:45:07,739
Yes.
547
00:45:07,773 --> 00:45:10,175
So, you felt
Eben should have
been reprieved,
548
00:45:10,208 --> 00:45:13,979
but instead,
you were his escort
and you helped hang him.
549
00:45:16,047 --> 00:45:17,415
Yes.
550
00:45:17,448 --> 00:45:20,285
What were your
duties as Eben's escort?
551
00:45:26,057 --> 00:45:27,292
LEON: I measured his weight,
552
00:45:28,393 --> 00:45:29,895
height,
553
00:45:30,495 --> 00:45:32,263
neck.
554
00:45:32,297 --> 00:45:35,867
JOHN: What was the purpose
of all these measurements?
555
00:45:40,138 --> 00:45:43,041
LEON: To calculate
the length of the drop.
556
00:45:43,074 --> 00:45:45,476
JOHN:
The length of rope required
557
00:45:45,510 --> 00:45:47,813
in order to assure
he died instantly.
558
00:45:47,846 --> 00:45:49,314
You were responsible for that.
559
00:45:51,216 --> 00:45:52,884
Yes.
560
00:45:54,219 --> 00:45:58,523
If you calculated
Eben's drop incorrectly,
561
00:45:58,556 --> 00:46:01,192
he might not
have died instantly.
562
00:46:01,226 --> 00:46:02,427
He might've suffered.
563
00:46:07,198 --> 00:46:08,066
Yes.
564
00:46:11,036 --> 00:46:14,005
Quite a lot of responsibility,
isn't it?
565
00:46:17,275 --> 00:46:21,379
How long can it
take for a man to die
from strangulation,
566
00:46:21,412 --> 00:46:24,215
hanging there
with his neck broken,
567
00:46:24,249 --> 00:46:27,252
but enough oxygen
to allow
conscious brain activity?
568
00:46:37,863 --> 00:46:41,900
If you left him hanging there,
without hauling
him back up again,
569
00:46:43,268 --> 00:46:45,436
it could take as
long as 15 minutes.
570
00:46:48,306 --> 00:46:50,976
Rather like torture, isn't it?
571
00:46:51,009 --> 00:46:53,111
VAN ZYL: Mr.
Weber, I'm warning you.
572
00:46:53,144 --> 00:46:55,513
This is not
the time nor the place
573
00:46:55,546 --> 00:46:57,815
for a debate on
the death penalty.
574
00:46:59,017 --> 00:47:00,919
As My Lord pleases.
575
00:47:00,952 --> 00:47:04,489
Mr. Labuschagne,
please tell the court
how you felt personally,
576
00:47:04,522 --> 00:47:06,591
measuring Eben's neck,
577
00:47:06,624 --> 00:47:08,960
when you'd gotten
to know him so well
578
00:47:08,994 --> 00:47:10,828
and felt he
should not be hanged.
579
00:47:21,272 --> 00:47:23,241
I didn't feel anything.
580
00:47:23,274 --> 00:47:27,478
What about when you were
on the gallows next to Eben,
581
00:47:28,947 --> 00:47:30,348
and the trap door opened?
582
00:47:31,616 --> 00:47:33,985
What went
through your mind then?
583
00:47:35,420 --> 00:47:36,988
I don't know what you mean.
584
00:47:37,022 --> 00:47:40,025
What thoughts
did you experience?
585
00:47:42,027 --> 00:47:43,428
None.
586
00:47:43,461 --> 00:47:45,063
When you met Eben
and his little girl,
587
00:47:45,096 --> 00:47:48,266
you were having
problems at home,
weren't you?
588
00:47:48,299 --> 00:47:50,601
Your drinking and fighting
had resulted in a separation
589
00:47:50,635 --> 00:47:54,005
from your wife, Magda,
and your own
little girl, Esme.
590
00:48:10,221 --> 00:48:11,422
Mr. Labuschagne!
591
00:48:11,456 --> 00:48:13,224
Nothing!
592
00:48:13,258 --> 00:48:18,663
I felt nothing.
I thought nothing.
I was just tired.
593
00:48:18,696 --> 00:48:23,034
VAN ZYL: Are you
telling us you felt nothing
inside after this man died?
594
00:48:26,437 --> 00:48:28,639
I was just tired.
595
00:48:28,673 --> 00:48:33,278
JOHN: You had no thoughts,
no feelings,
596
00:48:33,311 --> 00:48:34,946
no emotions.
597
00:48:55,233 --> 00:48:56,634
Mr. Labuschagne,
are you all right?
598
00:48:58,369 --> 00:48:59,704
I'm not feeling well.
599
00:48:59,737 --> 00:49:01,206
My Lord, I'd like to press on.
600
00:49:01,239 --> 00:49:02,207
Are you feeling faint?
601
00:49:02,240 --> 00:49:03,708
I might be sick.
602
00:49:03,741 --> 00:49:06,244
My Lord.
My Lord, I'd like to
approach my client.
603
00:49:06,277 --> 00:49:09,380
Mr. Weber, if the accused
needs medical attention,
604
00:49:09,414 --> 00:49:11,016
the court will adjourn.
605
00:49:11,049 --> 00:49:13,151
My Lord, I'm near the end
of this line of questioning...
606
00:49:13,184 --> 00:49:15,653
You are at the end, Mr. Weber.
607
00:49:17,322 --> 00:49:18,689
The court is adjourned.
608
00:49:36,474 --> 00:49:38,343
How could you be so cruel?
609
00:49:38,376 --> 00:49:42,480
It is your job to protect him,
not to hurt him.
610
00:49:42,513 --> 00:49:45,716
My job is to defend him,
Miss Labuschagne.
That's all I'm trying to do.
611
00:49:45,750 --> 00:49:48,586
You don't need to
abuse him to defend him.
612
00:49:49,554 --> 00:49:51,689
I'm sorry. I'm doing my best.
613
00:49:51,722 --> 00:49:54,425
You don't care if
he hangs, do you?
614
00:49:54,459 --> 00:49:55,260
(ANTOINETTE
SPEAKING INDISTINCTLY)
615
00:49:57,095 --> 00:49:58,229
I'll talk to her.
616
00:50:20,485 --> 00:50:22,120
Hello, Pierre.
617
00:50:22,153 --> 00:50:23,454
How's it?
618
00:50:23,488 --> 00:50:25,790
Well,
you didn't choose this place
619
00:50:25,823 --> 00:50:29,060
for the decor
or the clientele.
620
00:50:29,094 --> 00:50:32,063
Saw you on the TV
the other night,
leaving the court.
621
00:50:32,097 --> 00:50:36,801
Being seen with you
is kind of a liability.
622
00:50:36,834 --> 00:50:41,506
So, we're reduced to
secret,
shabby assignations now.
623
00:50:44,575 --> 00:50:49,114
I can't get you what you want.
My source on
the inside has clammed up.
624
00:50:49,147 --> 00:50:52,850
They're taking
things more cautiously.
625
00:50:52,883 --> 00:50:55,720
Surely, there's something
on a warrant officer
626
00:50:55,753 --> 00:50:58,055
that's a matter
of public record.
627
00:50:59,357 --> 00:51:01,692
I just need to know
what I'm looking for.
628
00:51:01,726 --> 00:51:03,794
I cannot get a file
on the warrant officer.
629
00:51:03,828 --> 00:51:05,230
Or the other warders.
630
00:51:07,298 --> 00:51:09,834
Half these okes don't
even tell their wives
where they're working.
631
00:51:11,202 --> 00:51:13,171
Well,
we've got to find something
632
00:51:13,204 --> 00:51:15,740
or they'll hang him
within six months.
633
00:51:15,773 --> 00:51:16,841
They'll hang him
sooner than that.
634
00:51:19,877 --> 00:51:22,280
A warder who went through
the same ordeal,
635
00:51:22,313 --> 00:51:26,417
someone who liked him.
There must be
somebody who's on his side.
636
00:51:26,451 --> 00:51:29,754
And how the hell do you think
we got what we already have?
637
00:51:29,787 --> 00:51:32,257
Now you listen
to me, 'cause this
638
00:51:32,290 --> 00:51:34,425
is the last of it,
do you understand?
639
00:51:34,459 --> 00:51:36,694
And I'm not seeing you again
until all of
this shit is over.
640
00:51:39,697 --> 00:51:42,800
There was
a prison revolt, a riot,
641
00:51:42,833 --> 00:51:46,304
whatever you wanna
call it, on death row,
642
00:51:46,337 --> 00:51:48,173
his last day.
643
00:51:48,206 --> 00:51:50,175
And?
644
00:51:50,208 --> 00:51:53,778
And they hanged them, anyway.
And that's all
I've got for you.
645
00:51:55,313 --> 00:51:56,747
Wait, wait.
646
00:51:56,781 --> 00:51:58,583
Um...
647
00:51:58,616 --> 00:52:02,487
You know what it feels like,
killing. I don't.
648
00:52:02,520 --> 00:52:04,922
I need to know
what he remembers,
what he tries to block out.
649
00:52:04,955 --> 00:52:06,457
I can't get through
to him unless I know
650
00:52:06,491 --> 00:52:07,492
what's going on
inside his head!
651
00:52:08,493 --> 00:52:10,728
What did it do to you?
652
00:52:10,761 --> 00:52:12,129
You stupid doos.
653
00:52:19,504 --> 00:52:20,738
Pierre!
654
00:52:33,351 --> 00:52:34,452
CLERK: Mr. Weber?
655
00:52:42,827 --> 00:52:44,529
Mr. Labuschagne,
consult the register
656
00:52:44,562 --> 00:52:47,765
for your last three days
at Maximum, please.
657
00:52:56,307 --> 00:52:59,210
Tell the court what happened
on the 8th of December.
658
00:53:02,447 --> 00:53:03,714
We hanged seven men.
659
00:53:04,615 --> 00:53:05,783
And on the 9th?
660
00:53:06,851 --> 00:53:08,786
Another seven.
661
00:53:08,819 --> 00:53:12,290
And on your
last day, the 10th?
662
00:53:12,323 --> 00:53:14,792
Seven more.
663
00:53:14,825 --> 00:53:18,529
JOHN: Seven more.
21 men in three days,
664
00:53:18,563 --> 00:53:21,799
which, I understand,
was another record
number of executions
665
00:53:21,832 --> 00:53:23,301
for that amount of days.
666
00:53:23,334 --> 00:53:25,903
Yeah.
667
00:53:25,936 --> 00:53:30,908
Did anything unusual occur
during the executions
on your last day?
668
00:53:38,849 --> 00:53:41,686
Mr. Labuschagne,
tell the court what happened
669
00:53:41,719 --> 00:53:44,822
on your last day at Maximum,
the 10th of December.
670
00:53:47,958 --> 00:53:50,528
Did the prisoners
who were going up that day
671
00:53:50,561 --> 00:53:52,863
become difficult in some way?
672
00:53:55,466 --> 00:54:00,605
Mr. Labuschagne,
you told the court
about your first hanging,
673
00:54:00,638 --> 00:54:03,908
now tell the court about
what you
experienced at your last one.
674
00:54:08,045 --> 00:54:09,847
LEON:
The warrant officer thought
they'd been broken.
675
00:54:14,952 --> 00:54:15,853
LEON: But they weren't.
676
00:54:37,642 --> 00:54:38,809
WARDER: (IN
ENGLISH) Get him in there!
677
00:54:42,947 --> 00:54:44,515
(WARRANT OFFICER
SPEAKING AFRIKAANS)
678
00:54:47,718 --> 00:54:50,388
LEON:
Took another half dozen men
to get them out.
679
00:56:02,960 --> 00:56:05,663
LEON: We were
ordered to take them up
in straightjackets
680
00:56:05,696 --> 00:56:07,131
and hang them like that.
681
00:57:13,964 --> 00:57:14,932
Don't touch him!
682
00:57:54,639 --> 00:57:57,642
What happened
after the hanging?
What were your duties then?
683
00:57:57,675 --> 00:57:59,977
Just a moment.
684
00:58:00,010 --> 00:58:04,048
Miss Marais,
the purpose of this
evidence is to show
685
00:58:04,081 --> 00:58:07,017
that the execution process
was traumatic for the accused.
686
00:58:07,051 --> 00:58:09,053
I'm sure the State
would admit to that by now.
687
00:58:09,086 --> 00:58:10,755
Is this correct, Miss Marais?
688
00:58:13,023 --> 00:58:15,292
We are prepared to admit that.
689
00:58:15,325 --> 00:58:18,195
Is there any
need for more detail
in this area, Mr. Weber?
690
00:58:20,998 --> 00:58:21,999
It's damage control.
691
00:58:22,032 --> 00:58:25,636
They're trying to do to us
what we did to them.
692
00:58:25,670 --> 00:58:28,606
My Lord, we're grateful for
the concession by the State,
693
00:58:28,639 --> 00:58:30,775
but we're going to
have to lead this evidence,
694
00:58:30,808 --> 00:58:32,009
unpleasant as it may be.
695
00:58:32,042 --> 00:58:34,879
We're conscious of our duty
to avoid unnecessary evidence,
696
00:58:34,912 --> 00:58:37,214
but we are equally
conscious of our duty
697
00:58:37,247 --> 00:58:39,650
to present
the defense case fully.
698
00:58:43,821 --> 00:58:45,856
Mr. Labuschagne, continue.
699
00:58:46,991 --> 00:58:48,693
What happened
after the hangings?
700
01:00:28,926 --> 01:00:31,295
LEON: We
tossed a coin to see
701
01:00:31,328 --> 01:00:33,397
who had to take
them to the cemetery.
702
01:00:34,098 --> 01:00:35,365
I lost.
703
01:00:35,399 --> 01:00:36,834
PASTOR: Amen.
704
01:00:36,867 --> 01:00:38,002
ALL: Amen.
705
01:00:50,815 --> 01:00:52,016
LEON: Stop!
706
01:01:20,945 --> 01:01:22,146
Isaiah!
707
01:04:09,013 --> 01:04:10,514
JOHN: What
happened when you got back
708
01:04:10,547 --> 01:04:11,949
to the prison.
Mr. Labuschagne?
709
01:04:14,218 --> 01:04:16,153
I fainted.
710
01:04:16,186 --> 01:04:20,324
And they took me to the medic.
711
01:04:22,292 --> 01:04:25,662
I had a bump on
the left side of my head
from the accident
712
01:04:25,695 --> 01:04:27,998
and I was
bleeding from my ear.
713
01:04:31,435 --> 01:04:33,103
Were you
offered any treatment?
714
01:04:34,939 --> 01:04:37,942
The medic gave me
a headache tablet.
715
01:04:41,445 --> 01:04:42,446
A headache tablet.
716
01:04:45,715 --> 01:04:48,152
What happened next?
717
01:04:48,185 --> 01:04:52,689
I came off duty,
and started for home.
718
01:04:52,722 --> 01:04:54,391
But the storm was really bad.
719
01:04:57,527 --> 01:05:00,030
What happened, Mr.
Labuschagne?
720
01:05:11,175 --> 01:05:15,279
LEON: All I can remember
is how tired I was.
721
01:05:16,280 --> 01:05:17,681
How tired I was of everything.
722
01:05:22,652 --> 01:05:24,321
The minibus...
723
01:05:28,492 --> 01:05:30,094
There was almost
another accident.
724
01:05:46,643 --> 01:05:48,412
You remember what happened?
725
01:05:53,017 --> 01:05:55,485
Mr. Labuschagne, what happened
726
01:05:55,519 --> 01:05:58,955
after you nearly
had an accident
with the minibus?
727
01:06:26,683 --> 01:06:29,253
JOHN: You followed them up
the quarry road
to Magazine Hill.
728
01:06:33,357 --> 01:06:36,626
Once you and the driver
reached the dead
end at the quarry,
729
01:06:37,794 --> 01:06:39,363
what occurred?
730
01:06:51,275 --> 01:06:53,043
I heard the trapdoors open.
731
01:06:53,077 --> 01:06:55,512
VAN ZYL:
Can you say that again?
732
01:06:55,545 --> 01:06:58,548
I heard the sound of
the trapdoors opening.
733
01:07:00,617 --> 01:07:02,386
JOHN: Proceed.
734
01:07:05,755 --> 01:07:09,025
Take your time.
Tell it slowly.
735
01:07:14,598 --> 01:07:16,133
I smelled the rope.
736
01:07:17,634 --> 01:07:22,239
Could taste
the smell of the rope
in my throat.
737
01:07:22,272 --> 01:07:26,410
The quarry, Mr. Labuschagne,
what occurred there?
738
01:07:36,486 --> 01:07:38,355
I can't remember.
739
01:07:41,425 --> 01:07:44,328
So, that's it,
you can't remember?
740
01:07:44,361 --> 01:07:46,330
Mr. Weber,
do you have anything else
for the defense?
741
01:07:46,363 --> 01:07:49,266
JOHN: Mr. Labuschagne,
what happened next?
742
01:07:52,169 --> 01:07:53,337
What do you remember?
743
01:07:59,243 --> 01:08:00,677
Mr. Labuschagne!
744
01:08:00,710 --> 01:08:03,247
Mr. Weber,
this is highly improper!
745
01:08:03,280 --> 01:08:05,482
Will you return
to the bar at once.
746
01:08:13,523 --> 01:08:15,159
I'm sorry, My Lord.
747
01:08:15,192 --> 01:08:16,726
And so you should be.
748
01:08:16,760 --> 01:08:19,129
It should never happen again.
749
01:08:19,163 --> 01:08:22,299
Do you have any
other line of questioning
750
01:08:22,332 --> 01:08:24,834
for this witness at
this time, Mr. Weber?
751
01:08:36,480 --> 01:08:39,383
My Lord,
I have no further questions.
Thank you.
752
01:08:45,655 --> 01:08:46,890
VAN ZYL: Miss Marais.
753
01:08:48,325 --> 01:08:50,694
As the court pleases.
754
01:08:50,727 --> 01:08:54,464
So, you say that
the execution process
and the work in the pit room
755
01:08:54,498 --> 01:08:57,133
upset you greatly.
Is that what you're saying?
756
01:08:59,436 --> 01:09:01,871
You have to speak up.
The evidence
has to be recorded
757
01:09:01,905 --> 01:09:04,841
and a nod or
a shake of your head
will not be recorded.
758
01:09:04,874 --> 01:09:09,579
Miss Marais is right.
Speak up and direct
your answers to us.
759
01:09:09,613 --> 01:09:12,416
So, you're saying
that the execution process
760
01:09:12,449 --> 01:09:15,785
and the work in the pit room
upset you greatly.
761
01:09:17,487 --> 01:09:18,855
Yes.
762
01:09:18,888 --> 01:09:20,757
But weren't you
playing the fool
763
01:09:20,790 --> 01:09:22,692
in all
the sections of the prison,
764
01:09:22,726 --> 01:09:25,695
including the gallows room,
the pit room,
765
01:09:25,729 --> 01:09:26,930
and even the chapel?
766
01:09:29,533 --> 01:09:31,635
No.
767
01:09:31,668 --> 01:09:33,870
Let me see if I can
give your memory a jolt.
768
01:09:35,905 --> 01:09:39,743
Can you recall
an occasion when you
gave a new warder a fright
769
01:09:39,776 --> 01:09:41,845
by putting white
chalk on your face
770
01:09:41,878 --> 01:09:44,914
and hiding in
one of the freezers
in the autopsy room?
771
01:09:49,686 --> 01:09:51,355
It wasn't me.
772
01:09:51,388 --> 01:09:54,758
But you smiled
when I reminded you
of the incident. Why?
773
01:09:55,592 --> 01:09:56,893
Don't know that I smiled.
774
01:09:58,695 --> 01:10:00,230
So, what is your answer?
775
01:10:01,965 --> 01:10:03,533
You remember the incident,
do you?
776
01:10:04,601 --> 01:10:06,903
I heard about it.
777
01:10:06,936 --> 01:10:09,005
MARAIS:
You climbed up on the catwalk
778
01:10:09,038 --> 01:10:11,975
and scared prisoners
by making ghost noises.
779
01:10:16,946 --> 01:10:17,914
It's not true.
780
01:10:17,947 --> 01:10:21,451
You sprayed the other warders
with the hose
781
01:10:21,485 --> 01:10:22,786
while cleaning the pit room.
782
01:10:23,820 --> 01:10:26,256
Some of us got
wet while cleaning.
783
01:10:26,290 --> 01:10:28,492
You once put a lit cigarette
784
01:10:28,525 --> 01:10:32,529
in the mouth of
an executed prisoner
before closing his coffin.
785
01:10:33,863 --> 01:10:36,366
And the smoke leaked out
786
01:10:36,400 --> 01:10:38,868
with his family
there for the funeral.
787
01:10:42,406 --> 01:10:43,840
It wasn't me.
788
01:10:43,873 --> 01:10:45,942
MARAIS: All you have
to do is say yes or no.
789
01:10:45,975 --> 01:10:48,512
If any explanation is needed,
I will ask you
for an explanation.
790
01:10:48,545 --> 01:10:50,980
Otherwise, you can leave
your explanations for later
791
01:10:51,014 --> 01:10:54,017
when your
advocate re-examines you.
792
01:10:54,050 --> 01:10:57,454
And do not speak
to Miss Marais.
Address your answers to me.
793
01:10:58,355 --> 01:10:59,689
You collected beads.
794
01:11:02,326 --> 01:11:02,926
No.
795
01:11:10,434 --> 01:11:13,837
New coffins arrived with lids
that came in two pieces,
796
01:11:13,870 --> 01:11:17,641
a head piece and
a longer body piece.
797
01:11:17,674 --> 01:11:20,844
So that you could
get your fingers
beneath the head piece
798
01:11:20,877 --> 01:11:26,483
to open the coffin,
they pre-set
little plastic beads
799
01:11:26,516 --> 01:11:28,084
beneath the lid, didn't they?
800
01:11:28,117 --> 01:11:32,322
Yellow ones,
green ones, white ones,
801
01:11:32,356 --> 01:11:34,424
and even little pink ones.
802
01:11:37,727 --> 01:11:39,529
They're washers.
803
01:11:39,563 --> 01:11:40,864
They're washers, you say.
804
01:11:43,099 --> 01:11:45,369
Yes.
805
01:11:45,402 --> 01:11:48,037
You collected these washers.
806
01:11:48,071 --> 01:11:49,973
You kept a washer
for every prisoner
807
01:11:50,006 --> 01:11:51,808
you escorted to the gallows,
didn't you?
808
01:11:56,079 --> 01:11:57,414
It wasn't like that.
809
01:11:57,447 --> 01:12:00,049
You kept one
washer from each coffin
810
01:12:00,083 --> 01:12:03,520
like notches on
a gunslinger's six-shooter.
811
01:12:03,553 --> 01:12:06,390
You did so because there was
a competition between warders
812
01:12:06,423 --> 01:12:09,726
to see who could
collect the most,
wasn't there?
813
01:12:12,796 --> 01:12:14,731
I was ordered to do the work.
814
01:12:14,764 --> 01:12:16,800
Please look at
this photograph.
815
01:12:18,802 --> 01:12:20,770
These are
the washers you collected
816
01:12:20,804 --> 01:12:22,506
before you were arrested,
correct?
817
01:12:22,539 --> 01:12:23,773
LEON: Yes.
818
01:12:23,807 --> 01:12:25,241
You kept these
washers in your drawer.
819
01:12:25,274 --> 01:12:28,412
This photograph was
taken at your house
when the police searched it.
820
01:12:28,445 --> 01:12:30,714
You'd placed
the washers from the 8th and
821
01:12:30,747 --> 01:12:32,716
the 9th on the string already,
hadn't you?
822
01:12:35,952 --> 01:12:37,086
You'll have to speak.
823
01:12:38,655 --> 01:12:39,723
Yes.
824
01:12:42,559 --> 01:12:44,394
I suggest to you
that your evidence that
825
01:12:44,428 --> 01:12:46,396
you were upset by
the execution process
826
01:12:46,430 --> 01:12:48,598
and the work you had
to do in the pit room
is just a facade
827
01:12:48,632 --> 01:12:51,601
and that, in truth,
you actually enjoyed the work.
828
01:13:01,110 --> 01:13:03,513
In fact, you got used
to this special work
very quickly, didn't you?
829
01:13:05,915 --> 01:13:07,050
The special work of killing.
830
01:13:16,225 --> 01:13:18,595
That must've made
you feel important
and powerful,
831
01:13:18,628 --> 01:13:21,030
knowing that you could kill
and not be prosecuted for it.
832
01:13:24,701 --> 01:13:28,438
No one except us
knew about
the work we're doing.
833
01:13:28,472 --> 01:13:30,640
So, how would that
make me feel
important or powerful?
834
01:13:30,674 --> 01:13:32,208
Don't ask me questions.
835
01:13:32,241 --> 01:13:34,143
You knew
you were immune
to prosecution,
836
01:13:34,177 --> 01:13:35,879
that you had
the blessing of the law,
didn't you?
837
01:13:37,814 --> 01:13:40,083
We didn't do the killing,
the hangman did.
838
01:13:42,519 --> 01:13:46,556
Yet you've told
the court that you had to
pull prisoners up by the neck
839
01:13:46,590 --> 01:13:47,957
and drop them again,
haven't you?
840
01:13:49,693 --> 01:13:52,462
Yes, but we didn't actually
touch the prisoners.
841
01:13:52,496 --> 01:13:53,997
We only touched the rope.
It was what
842
01:13:54,030 --> 01:13:55,465
the warrant
officer told us to do!
843
01:13:55,499 --> 01:13:56,666
But you dropped them again
844
01:13:56,700 --> 01:13:59,168
so that their necks
would break cleanly,
didn't you?
845
01:14:00,904 --> 01:14:02,639
LEON: Yes.
So, in those cases,
846
01:14:02,672 --> 01:14:04,708
the executioner
pushed the lever,
847
01:14:04,741 --> 01:14:08,177
but his hand did not cause
the prisoner's
neck to break, did it?
848
01:14:08,211 --> 01:14:10,580
Your hands did.
849
01:14:10,614 --> 01:14:14,083
My Lord, with respect,
the question is
actually an argument
850
01:14:14,117 --> 01:14:16,085
and not a question
the witness can answer.
851
01:14:16,119 --> 01:14:19,589
You told us Mr. Labuschagne's
state of mind was relevant,
852
01:14:19,623 --> 01:14:21,257
and that every
bit of information
853
01:14:21,290 --> 01:14:24,594
that has a bearing
on his state of mind
is admissible.
854
01:14:24,628 --> 01:14:27,263
So,
I'd like to hear the answer.
855
01:14:27,296 --> 01:14:29,899
You physically
raised the prisoners
and then dropped them again
856
01:14:29,933 --> 01:14:31,467
so that they would die.
857
01:14:33,169 --> 01:14:34,403
Yes.
858
01:14:34,437 --> 01:14:37,507
When a prisoner's neck broke,
after the trapdoor had opened,
859
01:14:37,541 --> 01:14:40,644
you saw the executioner's hand
as the one that
had done the killing.
860
01:14:41,911 --> 01:14:44,113
LEON: Yes, it was his hand.
861
01:14:44,147 --> 01:14:47,551
MARAIS: So, by the same token,
when you hauled a prisoner up
862
01:14:47,584 --> 01:14:51,187
dropped him down,
and his neck broke,
863
01:14:51,220 --> 01:14:54,658
it was not
the executioner's hand
that did the killing, was it?
864
01:14:58,862 --> 01:15:00,697
I see what you mean.
865
01:15:00,730 --> 01:15:03,633
So, it was your hand
that did the killing.
866
01:15:03,667 --> 01:15:07,070
And it was your hand that
did the killing at the quarry,
too, wasn't it?
867
01:15:15,845 --> 01:15:17,814
You can't
remember what happened
868
01:15:17,847 --> 01:15:19,082
at the quarry,
is that what you say?
869
01:15:21,117 --> 01:15:22,919
But I've told you
what I can remember.
870
01:15:25,121 --> 01:15:27,190
You claim you have no memory
of the shooting.
871
01:15:27,223 --> 01:15:28,725
Is that how we are to
understand your evidence?
872
01:15:28,758 --> 01:15:30,694
But I can't remember!
873
01:15:30,727 --> 01:15:34,197
So, your defense
is not that you
didn't shoot them,
874
01:15:34,230 --> 01:15:36,933
but that you can't
remember shooting them.
875
01:15:36,966 --> 01:15:39,068
Is that how we are
to understand it?
876
01:15:39,102 --> 01:15:42,906
My Lord,
it's not for the accused
to answer questions of law.
877
01:15:42,939 --> 01:15:44,708
I alone can answer questions
878
01:15:44,741 --> 01:15:47,744
such as those proposed
by my learned friend.
879
01:15:58,655 --> 01:16:00,256
No more questions, My Lord.
880
01:16:05,161 --> 01:16:07,997
Mr. Weber, do you intend
to re
881
01:16:16,005 --> 01:16:17,674
If it pleases My Lord.
882
01:16:24,848 --> 01:16:26,049
You killed them.
883
01:16:29,418 --> 01:16:30,787
Everyone knows that.
884
01:16:32,021 --> 01:16:32,989
Isn't that right?
885
01:16:39,228 --> 01:16:41,030
Isn't that right, Mr.
Labuschagne?
886
01:16:52,241 --> 01:16:53,710
I don't know.
887
01:16:57,146 --> 01:16:58,948
I mean, it must've been me.
888
01:17:06,155 --> 01:17:08,191
But I don't understand.
889
01:17:10,226 --> 01:17:15,231
Two years ago,
you were a school prefect
and active in the church.
890
01:17:15,264 --> 01:17:18,167
And now you're here in court,
on trial for murder.
891
01:17:20,937 --> 01:17:22,171
How did that happen?
892
01:17:28,377 --> 01:17:30,113
I don't know.
893
01:17:30,146 --> 01:17:33,883
You were a husband, a father,
894
01:17:33,917 --> 01:17:36,385
but now neither your wife
nor your daughter will
visit you in the cells
895
01:17:36,419 --> 01:17:39,088
and they've not
attended court, either,
have they?
896
01:17:49,833 --> 01:17:52,769
What brought
about this change,
Mr. Labuschagne?
897
01:17:59,408 --> 01:18:02,879
Tell us what happened,
the reasons you
fired those shots.
898
01:18:41,017 --> 01:18:42,385
JOHN: Mr. Labuschagne!
899
01:18:46,890 --> 01:18:48,992
You were having problems,
weren't you?
900
01:18:49,025 --> 01:18:53,096
So, why didn't you go
to the warrant officer
and ask to seek for help?
901
01:18:53,129 --> 01:18:55,131
A psychiatrist
could've helped you!
902
01:19:06,409 --> 01:19:07,844
Why didn't you tell me?
903
01:19:10,914 --> 01:19:12,315
Before I started
hurting my wife.
904
01:19:13,817 --> 01:19:15,151
VAN ZYL: Mr. Labuschagne.
905
01:19:15,184 --> 01:19:16,452
Before I lost everything.
906
01:19:20,456 --> 01:19:22,391
Before I killed seven people!
907
01:19:22,425 --> 01:19:24,227
VAN ZYL: Mr. Labuschagne!
908
01:19:25,862 --> 01:19:27,263
Why didn't you tell me!
909
01:19:27,296 --> 01:19:28,364
That is enough!
910
01:19:29,065 --> 01:19:30,099
Bailiff!
911
01:19:30,133 --> 01:19:31,067
LEON: Why didn't you tell me?
912
01:19:31,100 --> 01:19:33,336
VAN ZYL: Remove the accused
from the dock.
913
01:19:40,109 --> 01:19:41,911
VAN ZYL: Order!
914
01:19:44,113 --> 01:19:45,815
If I'd known what
you were going to do,
915
01:19:45,849 --> 01:19:48,151
I would never have allowed
further questioning.
916
01:19:49,185 --> 01:19:50,419
Court adjourned.
917
01:20:47,076 --> 01:20:48,912
They pass these cases off
to the most junior advocates
918
01:20:48,945 --> 01:20:50,513
because no one cares.
919
01:20:50,546 --> 01:20:54,250
The judges hand
down death sentences
in the name of the law.
920
01:20:54,283 --> 01:20:56,185
And the prison officials say
they're just witnesses,
921
01:20:56,219 --> 01:20:58,621
it's the hangman
that does the killing.
922
01:20:58,654 --> 01:21:02,325
It's denial of responsibility
all the way down the line.
923
01:21:02,358 --> 01:21:04,093
What's the hangman's
excuse then?
924
01:21:04,127 --> 01:21:06,295
It's gravity's fault,
I suppose.
925
01:21:15,238 --> 01:21:18,874
JOHN:
Tell us in your own words
what you observed.
926
01:21:22,345 --> 01:21:25,114
Mr. Labuschagne,
the court is waiting.
927
01:21:28,952 --> 01:21:32,922
What happened after you
nearly had
an accident with the minibus?
928
01:21:37,026 --> 01:21:41,397
The quarry, Mr. Labuschagne.
Tell us what you remember.
929
01:21:41,430 --> 01:21:43,599
You followed them
up the quarry road
to Magazine Hill,
930
01:21:43,632 --> 01:21:46,202
and once you
reached the dead end,
what occurred?
931
01:21:48,704 --> 01:21:50,306
What happened, Mr.
Labuschagne?
932
01:21:51,674 --> 01:21:53,142
What did you see?
933
01:22:00,549 --> 01:22:02,118
LEON: The noise.
934
01:22:30,546 --> 01:22:33,983
You'll lead
the inspection in loco, Weber.
935
01:22:34,017 --> 01:22:37,253
Frankly, I'm
surprised Kathleen consented.
936
01:22:37,286 --> 01:22:40,056
I would've expected
to close a case
like this by now.
937
01:22:41,724 --> 01:22:45,661
Well, thank you, Judge.
938
01:22:45,694 --> 01:22:49,298
I'd like to start
by having the accused
939
01:22:49,332 --> 01:22:52,268
stand next to
the door of the bakkie,
940
01:22:52,301 --> 01:22:55,304
so that we can
measure the exact distance
from there to the minibus.
941
01:23:09,085 --> 01:23:11,787
I'd now like
the accused to raise his arm
942
01:23:11,820 --> 01:23:14,123
and point toward the minibus.
943
01:23:22,731 --> 01:23:27,136
Can we agree that the distance
is no more than 10 meters?
944
01:23:27,170 --> 01:23:29,672
VAN ZYL:
Ten-and-a-half, I'd say.
Anything else?
945
01:24:14,417 --> 01:24:15,651
Leon.
946
01:24:18,421 --> 01:24:20,256
Leon.
947
01:24:23,826 --> 01:24:25,094
VAN ZYL:
Why did you bring us here?
948
01:24:25,128 --> 01:24:28,797
Judge,
we think this is the trigger
949
01:24:28,831 --> 01:24:32,868
for an unconditioned
response in him,
that he acted unconsciously.
950
01:24:32,901 --> 01:24:35,070
Something to do
with this door.
951
01:24:43,146 --> 01:24:45,548
J.P., we would like the court
to take note of the
952
01:24:45,581 --> 01:24:48,417
winding and undulating nature
of the track
leading to the quarry.
953
01:24:48,451 --> 01:24:49,885
NIEMAND:
And the rocks in the roadway.
954
01:24:49,918 --> 01:24:51,554
MARAIS: It would
require a very conscious
955
01:24:51,587 --> 01:24:53,156
effort to drive
over such terrain.
956
01:24:53,189 --> 01:24:54,357
VAN ZYL: Noted.
957
01:24:54,390 --> 01:24:57,193
If there's nothing else, we'll
reassemble back at court.
958
01:25:01,164 --> 01:25:03,632
Judge,
I have one further request
959
01:25:03,666 --> 01:25:05,834
before we
terminate the inspection.
960
01:25:17,780 --> 01:25:18,581
(WARRANT OFFICER
SPEAKING AFRIKAANS)
961
01:26:01,924 --> 01:26:03,926
VAN ZYL:
So, what are we here to see,
Mr. Weber?
962
01:26:06,662 --> 01:26:08,897
I wonder if
the warrant officer
would be kind enough
963
01:26:08,931 --> 01:26:11,400
to throw the lever
and release the trapdoor.
964
01:26:58,581 --> 01:27:00,249
JOHN: Leon.
965
01:27:11,460 --> 01:27:12,861
Leon,
966
01:27:15,063 --> 01:27:17,566
what I did today...
967
01:27:19,568 --> 01:27:20,936
I just wanted to explain...
968
01:27:20,969 --> 01:27:22,405
I'm just so sorry...
969
01:27:25,741 --> 01:27:27,576
...for what I've done.
970
01:27:30,779 --> 01:27:32,415
I'm just so sorry.
971
01:27:43,759 --> 01:27:46,962
This list of names
972
01:27:46,995 --> 01:27:51,567
of men hanged
at Maximum Security Prison
973
01:27:53,636 --> 01:27:58,273
might look like
any list of names
and dates and numbers.
974
01:27:59,642 --> 01:28:01,977
Nothing more than
an anonymous flock.
975
01:28:04,780 --> 01:28:08,083
But to Leon Labuschagne,
976
01:28:08,116 --> 01:28:10,919
these were real people
who entered his life.
977
01:28:13,121 --> 01:28:16,659
He processed them,
placed them in their cells,
978
01:28:17,960 --> 01:28:21,364
woke them,
saw that they were fed,
979
01:28:22,898 --> 01:28:26,669
took them to the showers
and the exercise yard,
980
01:28:27,470 --> 01:28:28,804
met their families.
981
01:28:30,906 --> 01:28:33,876
Searched them, touched them.
982
01:28:36,612 --> 01:28:41,417
Read their mail,
led their Bible studies,
and then,
983
01:28:42,951 --> 01:28:45,354
he took them to the gallows.
984
01:28:49,925 --> 01:28:55,631
Some he was made to kill
with his own hands.
985
01:28:55,664 --> 01:29:00,035
After which
he handled their dead,
naked bodies,
986
01:29:00,068 --> 01:29:02,070
and buried them.
987
01:29:04,607 --> 01:29:07,776
No, to Leon Labuschagne,
988
01:29:07,810 --> 01:29:11,914
this is not
an abstract list of names,
or an anonymous flock.
989
01:29:14,550 --> 01:29:16,885
But the list is incomplete
990
01:29:18,921 --> 01:29:20,989
because there's
a name missing from it.
991
01:29:24,627 --> 01:29:27,863
And that name is
992
01:29:27,896 --> 01:29:29,765
Leon Albert Labuschagne.
993
01:29:29,798 --> 01:29:31,500
That is ridiculous, Mr. Weber!
994
01:29:31,534 --> 01:29:35,504
Is it? He spent his whole time
locked in with them!
995
01:29:35,538 --> 01:29:37,906
He shared every moment
of their last days with them,
996
01:29:37,940 --> 01:29:39,508
and then he was
made to witness
997
01:29:39,542 --> 01:29:40,843
the gruesome
details of their deaths
998
01:29:40,876 --> 01:29:44,613
on a regular and
extended basis!
999
01:29:44,647 --> 01:29:46,949
He has been sentenced to death
as surely as all the others!
1000
01:29:46,982 --> 01:29:49,017
That is
a ridiculous submission!
1001
01:29:49,051 --> 01:29:51,620
It is not ridiculous, My Lord!
1002
01:29:51,654 --> 01:29:54,022
What is
ridiculous is the denial
1003
01:29:54,056 --> 01:29:56,091
of what we have
done to this young man!
1004
01:29:58,894 --> 01:30:01,830
My Lord, gentlemen,
you cannot ask a man
1005
01:30:01,864 --> 01:30:05,668
to be both
shepherd and butcher
at the same time.
1006
01:30:28,491 --> 01:30:30,593
VAN ZYL: Miss Marais,
1007
01:30:30,626 --> 01:30:33,095
do you have a final reply
to the defense's argument?
1008
01:30:38,801 --> 01:30:42,004
My Lord, gentlemen assessors.
1009
01:30:44,673 --> 01:30:47,209
May I remind the court
that this is a case of murder.
1010
01:30:49,512 --> 01:30:51,013
Murder seven times over.
1011
01:30:53,015 --> 01:30:55,751
And that the court
should declare it to be such.
1012
01:30:57,720 --> 01:31:02,725
Leon Labuschagne,
trained in
the physical act of killing,
1013
01:31:02,758 --> 01:31:06,629
herded his victims
to a secluded area,
1014
01:31:06,662 --> 01:31:08,997
where he shot and killed them.
1015
01:31:11,700 --> 01:31:16,672
He has not been
a good witness,
but evasive and unresponsive.
1016
01:31:18,674 --> 01:31:20,876
And now he tries
the court's indulgence
1017
01:31:20,909 --> 01:31:25,013
with a farfetched
and unconvincing effort
to save his own life.
1018
01:31:40,228 --> 01:31:42,130
J.P. says
they won't give
judgment tomorrow.
1019
01:31:42,164 --> 01:31:44,032
They apparently
need another day.
1020
01:31:45,568 --> 01:31:47,102
Wonder what that's about.
1021
01:31:49,137 --> 01:31:52,207
Perhaps one of the assessors
might not agree with
the proposed verdict
1022
01:31:52,240 --> 01:31:55,544
and the judge would prefer
a unanimous decision.
1023
01:31:58,346 --> 01:32:01,650
So, they're just being
careful, taking their time.
1024
01:32:02,718 --> 01:32:04,019
Bad news for you, then.
1025
01:32:05,654 --> 01:32:08,957
They take longer
with a conviction
than an acquittal.
1026
01:32:13,929 --> 01:32:16,832
J.P. will want to write
an appeal-proof judgment.
1027
01:32:20,202 --> 01:32:21,604
Have a good evening.
1028
01:32:21,637 --> 01:32:22,905
And you.
1029
01:32:27,676 --> 01:32:29,144
Nice closing argument.
1030
01:33:04,947 --> 01:33:06,081
You want to talk?
1031
01:33:20,395 --> 01:33:24,599
Anne says you
disappear quite often.
Sometimes for days.
1032
01:33:26,334 --> 01:33:29,004
What is this,
one of your
cross examinations?
1033
01:33:31,173 --> 01:33:32,841
Tell me what's
going on, Pierre.
1034
01:33:34,042 --> 01:33:36,078
We're alone.
You're drunk enough.
1035
01:33:38,847 --> 01:33:40,382
What does it matter?
1036
01:33:44,086 --> 01:33:46,421
You're not on down-time,
are you?
1037
01:33:46,454 --> 01:33:48,724
You're running
an op somewhere.
1038
01:33:56,131 --> 01:33:58,901
We bombed a house today.
1039
01:33:58,934 --> 01:34:00,736
Is that what you want to hear?
1040
01:34:06,174 --> 01:34:07,776
It's your job, right?
1041
01:34:07,810 --> 01:34:08,944
Yes, it's my job!
1042
01:34:10,846 --> 01:34:16,384
I serve this country.
It is my duty,
and that is why I do it!
1043
01:34:16,418 --> 01:34:19,187
So, why are you drunk
and in a state about it, then?
1044
01:35:09,471 --> 01:35:11,173
Mr. Labuschagne,
please stand up.
1045
01:35:24,887 --> 01:35:27,823
We are not united
in our findings of the facts
1046
01:35:27,856 --> 01:35:29,892
and there will be
a majority verdict.
1047
01:35:31,226 --> 01:35:34,096
I shall read
the judgment of the majority
1048
01:35:34,129 --> 01:35:38,033
and their verdict,
not the opinion of
the dissenting member,
1049
01:35:38,066 --> 01:35:40,168
will be
the verdict of this court.
1050
01:35:41,870 --> 01:35:44,840
Mr. Labuschagne,
1051
01:35:44,873 --> 01:35:47,542
while your defense counsel
have put forward the argument
1052
01:35:47,575 --> 01:35:51,379
that your actions were not
conscious or voluntary,
as required by law,
1053
01:35:51,413 --> 01:35:55,017
this court
finds you guilty of
murder as charged.
1054
01:35:56,284 --> 01:35:58,286
However, due to
the extraordinary events
1055
01:35:58,320 --> 01:36:00,422
that led to your
actions at the quarry,
1056
01:36:00,455 --> 01:36:04,960
the court finds
extenuating
circumstances present.
1057
01:36:04,993 --> 01:36:07,295
You are therefore sentenced
to 20 years imprisonment
1058
01:36:07,329 --> 01:36:10,032
with the possibility
of early parole,
1059
01:36:10,065 --> 01:36:13,368
based upon your progress
in a program of
psychiatric treatment,
1060
01:36:13,401 --> 01:36:16,138
supervised by a state
appointed psychologist.
1061
01:36:49,637 --> 01:36:51,139
Well done.
1062
01:36:52,607 --> 01:36:55,978
Congratulations.
I wouldn't have thought
anyone could pull that off.
1063
01:36:59,447 --> 01:37:01,516
It won't be a popular decision
on either side.
1064
01:37:04,386 --> 01:37:07,055
Somebody once said,
"In the cycle of killing,
1065
01:37:07,089 --> 01:37:10,525
"there's no beginning or end,
just more killing."
1066
01:37:10,558 --> 01:37:13,261
Maybe we addressed
that on some level.
1067
01:37:16,531 --> 01:37:18,200
Take care.
1068
01:37:26,508 --> 01:37:28,110
Thank you, sir.
1069
01:39:05,040 --> 01:39:09,477
* I was born in the rain
I belonged to no one
1070
01:39:12,414 --> 01:39:15,250
* I was born
into what I became
1071
01:39:15,283 --> 01:39:18,053
* And it's not my
choice to be him
1072
01:39:19,587 --> 01:39:22,657
* Sooner or later
they'll come to take me
1073
01:39:23,591 --> 01:39:26,694
* And this too shall pass
1074
01:39:26,728 --> 01:39:31,499
* And if they
talk about you and me
It will serve me well
1075
01:39:33,101 --> 01:39:37,639
* No man could wish
for a better friend
1076
01:39:37,672 --> 01:39:42,477
* A rich father's die and
the wars go down
and I find my hell
1077
01:39:44,079 --> 01:39:47,215
* The very last
breath is a lonely sound
1078
01:39:48,616 --> 01:39:53,555
* Mercy of angels,
where are you now?
1079
01:39:54,822 --> 01:39:57,759
* I see the light
1080
01:39:57,792 --> 01:40:03,665
* I hear the roar of thunder
1081
01:40:03,698 --> 01:40:06,234
* See how they run
1082
01:40:07,269 --> 01:40:10,272
* I hear
the sound of nothing
1083
01:40:10,305 --> 01:40:14,642
* I hear
the silence breathing inside
1084
01:40:25,187 --> 01:40:31,326
* Sparing time for the
stranger with more
questions than answers
1085
01:40:31,359 --> 01:40:36,831
* Give a little love
to the one you leave
in this world of hate
1086
01:40:36,864 --> 01:40:43,171
* In this war of words
1087
01:40:43,205 --> 01:40:46,808
* And there's gotta be a right
to a fight on the final day
1088
01:40:48,776 --> 01:40:53,181
* Holding my hand,
show me the way
1089
01:40:54,182 --> 01:40:55,850
* Show me the way
1090
01:40:55,883 --> 01:41:00,722
* Mercy of angels
1091
01:41:01,689 --> 01:41:07,095
* Somewhere to rest my spirit
1092
01:41:07,129 --> 01:41:10,632
* When I'm bound to go nowhere
1093
01:41:10,665 --> 01:41:13,768
* See how they run
1094
01:41:13,801 --> 01:41:17,272
* I hear the sound of nothing
1095
01:41:17,305 --> 01:41:21,109
* I hear
the silence breathing inside
1096
01:41:33,855 --> 01:41:37,559
* Screaming inside
screaming inside *
1097
01:45:46,741 --> 01:45:49,744
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