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These are the user uploaded subtitles that are being translated: 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 Captioned by Deluxe 80773

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