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1
00:02:25,678 --> 00:02:27,646
"Magazine hill",
they call this place.
2
00:02:31,284 --> 00:02:32,384
Dead end.
3
00:02:32,386 --> 00:02:33,452
Mmm.
4
00:02:35,388 --> 00:02:37,222
Why would labuschagne
and the other men
5
00:02:37,224 --> 00:02:39,625
in the minibus
have come up here?
6
00:02:39,627 --> 00:02:42,294
He claims
he can't remember any of it.
7
00:02:50,770 --> 00:02:53,639
So, Leon's bakkie
was parked here.
8
00:02:53,641 --> 00:02:56,575
He left the keys
in the ignition,
then he ran that way.
9
00:02:57,644 --> 00:03:01,647
The minibus taxi
belonging to
the football team was...
10
00:03:01,649 --> 00:03:04,183
Came to rest here.
11
00:03:04,717 --> 00:03:06,285
Point-blank range.
12
00:03:06,287 --> 00:03:08,820
The gun they found
was registered in Leon's name.
13
00:03:08,822 --> 00:03:11,623
He dragged
the bodies over there,
then he lined them up.
14
00:03:13,693 --> 00:03:17,629
Wait. He lined the bodies up?
Why would he do that?
15
00:03:23,937 --> 00:03:25,971
None of it makes any sense.
16
00:03:27,440 --> 00:03:27,439
Oh.
17
00:03:27,441 --> 00:03:32,611
You can see
the prison from over here,
where he worked.
18
00:03:36,316 --> 00:03:37,549
Who's the judge?
19
00:03:37,551 --> 00:03:39,484
Van zyl, the hanging judge.
20
00:03:40,887 --> 00:03:43,288
The two of you should get on
like chalk and cheese.
21
00:03:44,757 --> 00:03:47,326
Do you think
the state should kill people?
22
00:03:48,928 --> 00:03:51,897
Majority support
the death penalty.
23
00:03:51,899 --> 00:03:56,001
The majority
supported
burning at the stake,
24
00:03:56,003 --> 00:03:58,804
witch dunking, crucifixion.
25
00:04:24,364 --> 00:04:25,831
Sit!
26
00:04:33,873 --> 00:04:36,742
Leon, this is John weber.
27
00:04:36,744 --> 00:04:40,779
He's a senior advocate.
He's been asked to defend you.
28
00:04:40,781 --> 00:04:44,616
I've been asked to,
but I don't
particularly want to.
29
00:04:48,554 --> 00:04:51,323
Then why don't you go home?
30
00:04:52,659 --> 00:04:55,827
Because your case is so bad,
no one else will take it.
31
00:05:00,600 --> 00:05:05,037
I already told you,
i don't want you to defend me.
32
00:05:06,439 --> 00:05:07,973
I don't want to talk.
33
00:05:10,343 --> 00:05:12,744
I don't want to
see you, either.
34
00:05:14,480 --> 00:05:18,050
Well, we've
fulfilled our obligations.
Let's go.
35
00:05:18,052 --> 00:05:20,552
Hang on.
I've had enough of this cock.
36
00:05:20,554 --> 00:05:22,754
I've spent a shitload of time
working on this case!
37
00:05:22,756 --> 00:05:25,090
Listen to me, Leon.
You might be feeling
sorry for yourself now,
38
00:05:25,092 --> 00:05:27,826
but you're gonna feel
a hell of a lot worse
when you get a death sentence.
39
00:05:27,828 --> 00:05:30,862
I met your wife,
your little daughter, Esme.
40
00:05:30,864 --> 00:05:33,031
When you last see her?
Six months ago?
41
00:05:39,906 --> 00:05:44,609
I read in your file that
you were a warder in
the prison service.
42
00:05:44,611 --> 00:05:47,946
I suggest you find out
what's in store for you.
43
00:05:47,948 --> 00:05:50,449
Speak to the warders
when you go back to your cell,
44
00:05:50,451 --> 00:05:52,584
ask them what
happens on death row.
45
00:05:55,021 --> 00:05:57,923
I know what
happens on death row.
46
00:05:58,524 --> 00:06:00,692
I worked there.
47
00:06:04,097 --> 00:06:06,365
When this happened,
you were working
48
00:06:06,367 --> 00:06:08,400
on death row at
maximum security prison?
49
00:06:09,035 --> 00:06:11,436
Surely, you were too young.
50
00:06:12,839 --> 00:06:15,507
I started working
there over two years ago.
51
00:06:16,943 --> 00:06:18,810
On gallows duty?
52
00:06:23,983 --> 00:06:25,884
Leave me alone.
53
00:06:29,055 --> 00:06:32,457
Nobody gets away
with killing seven people.
54
00:06:32,459 --> 00:06:34,993
Unless they're the police,
of course.
55
00:06:34,995 --> 00:06:36,161
Bad break, my boy.
56
00:06:36,163 --> 00:06:38,630
There's no defense
for an attack like that.
57
00:06:38,632 --> 00:06:41,500
No, the guy's as good as dead.
58
00:06:41,502 --> 00:06:41,500
Good serve, Andrew!
59
00:06:41,502 --> 00:06:47,038
Paul, stand further back,
you get a better
chance to get to the ball!
60
00:06:47,040 --> 00:06:51,076
Look at it this way, John.
Everyone gets a bad
case now and then.
61
00:06:51,078 --> 00:06:53,412
You just got a hopeless one.
62
00:06:55,681 --> 00:06:57,616
With soldiers who
return from combat,
63
00:06:57,618 --> 00:06:59,818
a minority suffer
mental breakdown
64
00:06:59,820 --> 00:07:02,587
after one
traumatic experience.
65
00:07:02,589 --> 00:07:06,892
But only a very small minority
avoid breakdown
after prolonged exposure.
66
00:07:07,994 --> 00:07:11,630
Which is what
this would have been.
67
00:07:11,632 --> 00:07:14,800
In fact,
he reminds me of
veterans I've treated.
68
00:07:14,802 --> 00:07:17,002
I'd say he's in
a similar state
of emotional collapse.
69
00:07:17,004 --> 00:07:19,171
So, what you're saying,
as far as
the prosecution is concerned,
70
00:07:19,173 --> 00:07:21,573
is that your tests
don't prove mental breakdown,
71
00:07:21,575 --> 00:07:22,974
but also don't rule
out the possibility
72
00:07:22,976 --> 00:07:25,010
that he could be
a racist or a psychopath.
73
00:07:25,012 --> 00:07:28,747
My opinion?
Something triggered
a violent response.
74
00:07:29,715 --> 00:07:33,151
Any idea what that
trigger might be?
75
00:07:33,153 --> 00:07:34,586
I'm afraid not.
76
00:07:34,588 --> 00:07:36,721
So, it follows, Dr.
schlebusch,
77
00:07:36,723 --> 00:07:38,857
that there might
actually not be a trigger.
78
00:07:39,859 --> 00:07:41,793
That's correct.
79
00:08:06,719 --> 00:08:06,718
The trial of Leon labuschagne,
80
00:08:06,720 --> 00:08:11,590
the man who shot dead seven members of a mamaloni football club,
81
00:08:11,592 --> 00:08:14,259
starts in the pretoria high court this week.
82
00:08:14,261 --> 00:08:17,662
Human rights advocate, John weber, who's defending labuschagne,
83
00:08:17,664 --> 00:08:21,733
is well known internationally as an opponent of capital punishment.
84
00:08:21,735 --> 00:08:21,733
According to police sources,
85
00:08:21,735 --> 00:08:25,871
labuschagne's motives for the shooting are unclear,
86
00:08:25,873 --> 00:08:29,975
and any links to right wing organizations is pure speculation.
87
00:08:29,977 --> 00:08:32,143
To date, labuschagne has refused
88
00:08:32,145 --> 00:08:33,945
to make a statement.
89
00:08:35,515 --> 00:08:37,616
We won't have
many chances, Leon.
90
00:08:37,618 --> 00:08:39,050
Once you're in
the witness box,
91
00:08:39,052 --> 00:08:40,886
we'll be prohibited
from speaking to you
92
00:08:40,888 --> 00:08:42,687
until you finish
giving evidence.
93
00:08:42,689 --> 00:08:42,687
So, you've gotta
help us now, man.
94
00:08:42,689 --> 00:08:47,158
Just give us a reason
for why things
happened the way they did.
95
00:08:56,869 --> 00:08:59,571
There you have it.
96
00:08:59,573 --> 00:09:01,006
He's been briefed
on how to respond
97
00:09:01,008 --> 00:09:02,574
to the judge
and the prosecutor
98
00:09:02,576 --> 00:09:05,010
and how to
answer our questions.
99
00:09:05,012 --> 00:09:06,878
I don't know
what else I can do.
100
00:09:13,719 --> 00:09:15,020
Stand up!
101
00:09:15,022 --> 00:09:19,190
Hold it!
Labuschagne, look at this.
102
00:09:20,660 --> 00:09:23,028
Mr. wierda obtained this
register from
the prisons department.
103
00:09:23,030 --> 00:09:25,931
It lists
the names of all the men
hanged last year.
104
00:09:25,933 --> 00:09:28,667
You must've participated
in some of these executions.
105
00:09:29,235 --> 00:09:30,669
All of them.
106
00:09:32,238 --> 00:09:34,272
Repeat that?
107
00:09:34,274 --> 00:09:36,207
I was at all the executions.
108
00:09:37,843 --> 00:09:41,179
According to this list,
164 men were
executed last year.
109
00:09:41,714 --> 00:09:43,682
A record number.
110
00:09:43,684 --> 00:09:45,684
If that's what it says.
111
00:09:47,787 --> 00:09:51,856
Why were you present
at every execution?
112
00:10:04,270 --> 00:10:05,604
Pierre.
113
00:10:05,606 --> 00:10:07,105
Aye, John.
114
00:10:07,107 --> 00:10:08,773
How is it?
Good.
115
00:10:10,710 --> 00:10:13,378
Uh, could you let
me sit this side?
If you don't mind.
116
00:10:13,380 --> 00:10:15,246
Yeah, sure.
Thanks.
117
00:10:22,722 --> 00:10:24,389
So, how's my sister?
118
00:10:24,391 --> 00:10:26,191
Surprised to
hear you're in town.
119
00:10:27,093 --> 00:10:29,361
So, what's this business
you wanna discuss?
120
00:10:31,697 --> 00:10:33,231
Pierre, um,
121
00:10:34,734 --> 00:10:38,069
what do you know about the men
who work on death row?
122
00:10:39,138 --> 00:10:39,137
Not much.
123
00:10:42,408 --> 00:10:45,176
Well, I happen to know
that they take
part in executions,
124
00:10:45,178 --> 00:10:50,649
but what I don't know is,
what kind of person does that?
125
00:10:50,651 --> 00:10:53,385
What makes
someone take on the job
of killing someone?
126
00:10:55,287 --> 00:10:57,856
John, I can't talk about that.
You should know that by now.
127
00:10:57,858 --> 00:11:00,291
I don't mean you.
This is a boy they put
128
00:11:00,293 --> 00:11:03,962
on gallows duty at 17,
for god's sake.
129
00:11:03,964 --> 00:11:06,831
And you get another shot
at the evil system
you hate so much, eh?
130
00:11:08,000 --> 00:11:10,735
Pierre,
they threw this boy into hell
131
00:11:10,737 --> 00:11:13,905
and he went out
and shot seven men.
132
00:11:13,907 --> 00:11:18,309
Now, he won't,
or can't speak
a word to defend himself.
133
00:11:19,779 --> 00:11:23,415
You have contacts
inside the prison system.
134
00:11:23,417 --> 00:11:25,116
They'll talk to you.
135
00:11:27,319 --> 00:11:30,755
All right,
I'll make some inquiries,
but you're wasting your time.
136
00:11:30,757 --> 00:11:33,958
'Cause the guys
who do what he does,
they don't talk about it.
137
00:11:33,960 --> 00:11:35,360
They never do.
138
00:12:07,893 --> 00:12:10,395
You should tell him
to keep his head up.
139
00:12:10,397 --> 00:12:13,064
It's the victims' families,
they staring at him.
140
00:12:17,737 --> 00:12:20,405
That's his parents,
his sister antoinette.
141
00:12:40,392 --> 00:12:45,797
At about 18:00,
on a deserted road
near the magazine hill quarry,
142
00:12:45,799 --> 00:12:47,866
the accused forced
the minibus in which
143
00:12:47,868 --> 00:12:50,001
the deceased were
traveling from the road,
144
00:12:50,003 --> 00:12:53,471
then shot all seven
victims with a pistol.
145
00:12:59,411 --> 00:13:01,279
Detective,
is this pistol, which is
146
00:13:01,281 --> 00:13:03,148
registered in
the name of the accused,
147
00:13:03,150 --> 00:13:06,217
the firearm that was used
to fire the bullets
found at the scene?
148
00:13:08,455 --> 00:13:10,088
This is the pistol, m'lord.
149
00:13:11,423 --> 00:13:13,925
That's all I have for
this witness, my lord.
150
00:13:14,927 --> 00:13:16,094
Mr. weber?
151
00:13:18,564 --> 00:13:20,098
No questions, my lord.
152
00:13:24,170 --> 00:13:25,470
What are you doing?
153
00:13:25,472 --> 00:13:26,971
I'll explain later.
154
00:13:29,542 --> 00:13:31,342
The bakkie found
parked next to the body,
155
00:13:31,344 --> 00:13:34,012
that too was registered
in the name of the accused?
156
00:13:34,014 --> 00:13:36,014
Yes.
157
00:13:36,016 --> 00:13:38,883
According to your report,
the vehicle would not start.
158
00:13:38,885 --> 00:13:40,885
Correct.
He was forced to flee on foot.
159
00:13:41,887 --> 00:13:43,221
That's all, my lord.
160
00:13:48,928 --> 00:13:50,895
No questions, my lord.
161
00:13:50,897 --> 00:13:52,330
Why didn't you
cross-examine anyone?
162
00:13:52,332 --> 00:13:53,932
We can't argue facts.
163
00:13:53,934 --> 00:13:56,334
If we admit everything,
we deny them the opportunity
164
00:13:56,336 --> 00:13:58,169
for a parade of
emotional witnesses,
165
00:13:58,171 --> 00:14:00,004
and rob
the case of its impact.
166
00:14:00,006 --> 00:14:03,208
So, after a couple of days,
they'll have nothing left.
167
00:14:03,210 --> 00:14:07,378
They found him,
they found the gun,
they found the bakkie.
168
00:14:07,380 --> 00:14:09,047
That's all they've got.
169
00:14:09,049 --> 00:14:10,448
That's all?
170
00:14:10,450 --> 00:14:12,483
What have we got?
Leon is nearly comatose,
171
00:14:12,485 --> 00:14:14,385
Dr. schlebusch will
barely speak to him...
172
00:14:14,387 --> 00:14:16,187
If it goes that way tomorrow,
gentlemen,
173
00:14:16,189 --> 00:14:17,922
we'll soon be
finished on our side.
174
00:14:17,924 --> 00:14:19,257
Good night.
175
00:14:19,259 --> 00:14:21,192
Good night.
176
00:14:21,194 --> 00:14:23,895
And you were going to say,
177
00:14:23,897 --> 00:14:28,299
a senior advocate
who hasn't handled
a murder case in 15 years?
178
00:14:34,240 --> 00:14:36,241
I don't know
what you said
to him last time,
179
00:14:36,243 --> 00:14:38,409
but he was grouchy
when he came home.
180
00:14:39,578 --> 00:14:41,579
More than usual?
181
00:14:41,581 --> 00:14:44,249
I'm the one who has
to live with him, John.
182
00:14:44,950 --> 00:14:46,351
Here, take that.
183
00:14:52,324 --> 00:14:54,959
Seems to me he's
guilty of murder
184
00:14:54,961 --> 00:14:58,029
and you're trying to turn it
into a political case.
185
00:14:58,031 --> 00:15:01,599
Well, every case involving
the death sentence
is a political case.
186
00:15:01,601 --> 00:15:04,402
Could've just been road rage,
you ever think of that?
187
00:15:06,205 --> 00:15:08,640
He shot seven people 13 times.
188
00:15:09,910 --> 00:15:12,510
A very bad case of road rage.
189
00:15:14,313 --> 00:15:16,047
The only thing I've
accomplished so far
190
00:15:16,049 --> 00:15:17,548
is to keep our
strategy a secret,
191
00:15:17,550 --> 00:15:19,651
but that ends when
the defense starts.
192
00:15:21,654 --> 00:15:24,923
Well,
see if this is of any use.
193
00:15:25,291 --> 00:15:25,290
What is it?
194
00:15:25,292 --> 00:15:29,627
It's a table of drops.
How much do you weigh?
195
00:15:30,229 --> 00:15:32,530
About 70 kilos.
196
00:15:33,332 --> 00:15:37,168
So, you divide 840 foot-pounds
197
00:15:37,170 --> 00:15:39,537
by the weight of the prisoner,
in this case 70,
198
00:15:39,539 --> 00:15:41,639
which means that you,
John weber,
199
00:15:41,641 --> 00:15:44,142
would need five feet,
three inches of rope
200
00:15:44,144 --> 00:15:47,445
for a nice,
clean break.
201
00:15:47,447 --> 00:15:49,380
He was very good
at it, apparently.
202
00:15:49,382 --> 00:15:51,316
They relied on him,
calculating the drops.
203
00:15:55,287 --> 00:15:56,988
And how do you know this?
204
00:16:00,225 --> 00:16:01,592
You don't wanna ask.
205
00:16:03,963 --> 00:16:05,296
What else, Pierre?
206
00:16:08,167 --> 00:16:11,669
What struck me is
that these warders,
207
00:16:11,671 --> 00:16:14,672
they get to know the men
that they have to hang.
208
00:16:14,674 --> 00:16:18,476
They're their caretakers,
then they haul them out,
string them up.
209
00:16:19,645 --> 00:16:21,312
And this struck you, why?
210
00:16:23,182 --> 00:16:27,452
In a war,
you don't see
the enemy as people.
211
00:16:27,454 --> 00:16:30,655
You're shooting at uniforms,
not men.
212
00:16:32,424 --> 00:16:37,295
The only thing worse
than killing a stranger
is killing someone you know.
213
00:16:41,433 --> 00:16:43,768
Strangers are hard enough.
214
00:16:49,408 --> 00:16:51,576
You have to go
through all of these?
215
00:16:51,578 --> 00:16:55,246
Yes, these 32 men
who were hanged in
the last two weeks
216
00:16:55,248 --> 00:16:57,115
Leon was there.
217
00:16:57,117 --> 00:16:59,684
And what are we
looking for exactly?
218
00:16:59,686 --> 00:17:02,620
It might be useful
to find out something
about the men he hanged
219
00:17:02,622 --> 00:17:05,423
in the days
before the shooting.
220
00:17:05,425 --> 00:17:10,228
He developed a very
close relationship
with these men.
221
00:17:10,230 --> 00:17:12,630
How would you know that?
222
00:17:12,632 --> 00:17:17,335
My brother-in-law has contacts
in the prison system.
223
00:17:17,337 --> 00:17:18,603
He's a warder?
224
00:17:21,673 --> 00:17:27,145
Intelligence. Special forces.
He spent three years
fighting in Angola.
225
00:17:28,247 --> 00:17:31,082
What's that got to do
with anything, John?
226
00:17:31,084 --> 00:17:33,418
Well, for one thing,
it means he knows
227
00:17:33,420 --> 00:17:35,720
first-hand what
killing does to a person.
228
00:17:37,256 --> 00:17:40,358
I'm sorry,
are we assembling evidence
229
00:17:40,360 --> 00:17:43,628
to support your
political pre-conception
about capital punishment,
230
00:17:43,630 --> 00:17:46,297
or are we trying to discover
the extenuating circumstances
231
00:17:46,299 --> 00:17:49,067
that might save Leon
from a death sentence?
232
00:17:50,670 --> 00:17:55,406
Something must have happened
to labuschagne toward the end.
233
00:17:55,408 --> 00:17:59,710
These men all had
reasons for killing.
He must've had a reason.
234
00:17:59,712 --> 00:18:02,213
We need to find
out what it is.
235
00:18:02,215 --> 00:18:04,849
So, we're down to
wild hunches, then.
236
00:18:04,851 --> 00:18:06,818
Look,
i understand that a defense
237
00:18:06,820 --> 00:18:08,753
based on complete
mental breakdown
238
00:18:08,755 --> 00:18:11,322
doesn't succeed very often.
239
00:18:11,324 --> 00:18:13,524
But it's all we've
got at this stage.
240
00:18:15,461 --> 00:18:17,328
Unless you have a better idea.
241
00:18:21,100 --> 00:18:23,301
Do you have a better idea?
242
00:18:25,737 --> 00:18:27,538
No.
243
00:19:16,889 --> 00:19:18,156
Um...
244
00:19:21,193 --> 00:19:26,364
If it pleases my lord
and my lord's
learned assessors.
245
00:19:26,366 --> 00:19:27,899
Yes, yes, carry on.
246
00:19:29,201 --> 00:19:32,203
This is an extraordinary case
247
00:19:32,205 --> 00:19:36,674
in which the evidence
for the prosecution
is undisputed
248
00:19:36,676 --> 00:19:38,876
and the case for
the prosecution is,
249
00:19:38,878 --> 00:19:41,245
in a way, also
the case for the defense.
250
00:19:42,281 --> 00:19:44,749
On a murder charge,
the prosecution has to prove
251
00:19:44,751 --> 00:19:49,687
that the act was
both unlawful and intentional.
252
00:19:49,689 --> 00:19:53,191
We intend to prove
that there was no act
253
00:19:53,193 --> 00:19:56,527
to which the law attaches
legal consequences.
254
00:19:56,529 --> 00:19:59,897
Are you
suggesting there was no act
when we have seven bodies?
255
00:19:59,899 --> 00:20:01,899
My lord is
entitled to be skeptical.
256
00:20:01,901 --> 00:20:06,437
The prosecution
has been at pains
to explain what has happened.
257
00:20:06,439 --> 00:20:08,906
We intend to explain
why these events happened
258
00:20:08,908 --> 00:20:12,777
and whether the accused
can be held
criminally responsible.
259
00:20:12,779 --> 00:20:14,779
Well,
you'd better explain
260
00:20:14,781 --> 00:20:16,747
very carefully
what the defense is,
261
00:20:16,749 --> 00:20:18,749
as I'm at
a loss to understand.
262
00:20:19,885 --> 00:20:22,787
How can you say
there was no act
263
00:20:22,789 --> 00:20:25,523
when you've admitted that
the accused killed
the seven deceased?
264
00:20:25,525 --> 00:20:27,625
With respect,
my lord, the events
265
00:20:27,627 --> 00:20:30,761
at the quarry
are not in dispute,
266
00:20:30,763 --> 00:20:33,364
but the brutality,
the scale of the events,
267
00:20:33,366 --> 00:20:36,367
seven fit young men
killed by a single individual
268
00:20:36,369 --> 00:20:38,903
calls for closer scrutiny.
269
00:20:38,905 --> 00:20:41,706
The prosecution has adduced
no evidence of a motive,
270
00:20:41,708 --> 00:20:43,441
and there appears to be none.
271
00:20:43,443 --> 00:20:47,378
We intend to look
at the accused's
working conditions
272
00:20:47,380 --> 00:20:50,581
on death row,
inside maximum
security prison,
273
00:20:50,583 --> 00:20:52,617
and the events
that took place there
274
00:20:52,619 --> 00:20:54,518
prior to
the incidents at the quarry
275
00:20:54,520 --> 00:20:57,388
in order to find
the reason for his actions.
276
00:20:58,757 --> 00:21:00,291
Actions we believe
277
00:21:00,559 --> 00:21:02,627
were unconscious
278
00:21:02,629 --> 00:21:06,631
and triggered by
his traumatic
experiences as a warder.
279
00:21:13,405 --> 00:21:14,772
So,
280
00:21:15,774 --> 00:21:18,376
the defense is asserting
281
00:21:18,378 --> 00:21:22,046
that the accused's
working conditions
triggered these actions,
282
00:21:22,048 --> 00:21:26,450
that they were involuntary,
and therefore not
punishable by law.
283
00:21:27,352 --> 00:21:28,819
Correct, my lord.
284
00:21:33,659 --> 00:21:36,761
This raises
matters of state security, Mr.
weber.
285
00:21:41,667 --> 00:21:45,770
If I allow this,
i don't want any names used.
286
00:21:46,872 --> 00:21:50,408
Not of officials or inmates.
Not one.
287
00:22:23,675 --> 00:22:26,811
Listen, labuschagne,
288
00:22:26,813 --> 00:22:32,583
when you're on the stand,
you'll talk,
you'll do as you're told,
289
00:22:32,585 --> 00:22:35,853
or you'll soon find yourself
back in your gallows
290
00:22:35,855 --> 00:22:37,888
with a noose
around your own neck.
291
00:22:44,996 --> 00:22:47,765
Mr. labuschagne,
please tell
the court how old you were
292
00:22:47,767 --> 00:22:50,067
when you first
joined the prison service.
293
00:22:57,409 --> 00:22:58,642
17.
294
00:22:59,144 --> 00:23:01,779
And why did you join?
295
00:23:01,781 --> 00:23:04,148
If you join
the police or prisons,
296
00:23:04,150 --> 00:23:06,717
you don't have
to go to the army.
297
00:23:07,986 --> 00:23:10,721
Why did you wish to
avoid the military?
298
00:23:12,657 --> 00:23:15,559
They sent you to
Angola to fight.
299
00:23:18,563 --> 00:23:21,565
Were you aware
that the warders
at maximum security prison
300
00:23:21,567 --> 00:23:22,767
performed gallows duties?
301
00:23:25,070 --> 00:23:27,405
No.
302
00:23:27,407 --> 00:23:30,474
So, you had no idea
what your duties would be
303
00:23:30,476 --> 00:23:32,042
when you first
arrived at maximum.
304
00:23:34,012 --> 00:23:36,113
No.
305
00:23:36,115 --> 00:23:39,483
Could you tell the court
about your first day there?
306
00:23:40,452 --> 00:23:43,921
I was briefed on
the importance of secrecy.
307
00:23:45,056 --> 00:23:48,726
I was told not
to speak to anyone
308
00:23:48,728 --> 00:23:51,061
about anything to
do with the work
309
00:23:51,063 --> 00:23:53,531
we were doing
inside the prison.
310
00:23:54,966 --> 00:23:58,769
And if I did,
I'd be disciplined.
311
00:24:00,907 --> 00:24:03,674
My lord,
is this detail necessary?
312
00:24:03,676 --> 00:24:07,011
We are here to shed light
on what occurred
on magazine hill,
313
00:24:07,013 --> 00:24:10,214
not to make public
the internal functions
of a government institution
314
00:24:10,216 --> 00:24:14,018
whose activities
might be confidential,
perhaps even secret.
315
00:24:17,456 --> 00:24:21,091
My lord, the time
the accused spent
working on death row
316
00:24:21,093 --> 00:24:24,528
is central to
the defense's case
regarding his state of mind
317
00:24:24,530 --> 00:24:27,097
that day on magazine hill.
318
00:24:27,099 --> 00:24:30,534
We intend to lead
detailed testimony
319
00:24:30,536 --> 00:24:33,504
about
the accused's state of mind,
320
00:24:33,506 --> 00:24:36,140
in particular,
his circumstances at work.
321
00:24:41,947 --> 00:24:45,182
I'll allow it, Mr.
weber, provisionally.
322
00:24:47,953 --> 00:24:47,952
Continue, please.
323
00:24:47,954 --> 00:24:53,691
What did you
experience on your first day
at maximum, Mr. labuschagne?
324
00:25:06,571 --> 00:25:10,040
I was to accompany
the warrant officer
325
00:25:10,042 --> 00:25:11,709
to see seven men on the rope.
326
00:25:11,711 --> 00:25:13,177
"On the rope?"
327
00:25:16,214 --> 00:25:19,817
It's what we say for any prisoner under the death sentence.
328
00:25:22,854 --> 00:25:27,992
These seven were going up the next day to the gallows.
329
00:25:35,133 --> 00:25:37,968
Will you please tell the court
330
00:25:37,970 --> 00:25:40,304
what happened
when you went
to see these men?
331
00:25:45,744 --> 00:25:50,314
The warrant officer said
I'd have to pick one
332
00:25:50,316 --> 00:25:54,818
as I'd have to
escort one of the men
to be hanged the next day.
333
00:25:56,821 --> 00:25:59,089
So, you were told
you were gonna help
334
00:25:59,091 --> 00:26:01,325
hang one of these
men the very next day.
335
00:26:05,196 --> 00:26:09,567
Sir, I'd rather you
picked one for me, sir.
336
00:26:09,569 --> 00:26:13,037
The new boy must pick one.
That's how it works.
337
00:26:21,146 --> 00:26:22,646
Hmm?
338
00:26:29,154 --> 00:26:31,121
Makhandla.
339
00:26:32,057 --> 00:26:33,857
Pick makhandla.
340
00:26:39,164 --> 00:26:40,998
What's his name?
341
00:26:43,368 --> 00:26:45,235
What's his name?
Makhandla!
342
00:26:48,974 --> 00:26:50,674
Did the warrant
officer tell you
343
00:26:50,676 --> 00:26:52,176
what you were to
do the next day
344
00:26:52,178 --> 00:26:54,278
as an escort at a hanging?
345
00:26:56,781 --> 00:27:01,118
Just said to learn by
following and watching others.
346
00:27:03,221 --> 00:27:05,723
That was your first day?
347
00:27:06,091 --> 00:27:07,625
Yes.
348
00:27:09,361 --> 00:27:12,162
Tell the court what happened
on your second day.
349
00:27:22,173 --> 00:27:24,642
Executions are at 7:00 A.M.
350
00:27:27,846 --> 00:27:29,947
We came for them at 6:00.
351
00:28:49,260 --> 00:28:50,794
Come on.
352
00:29:17,021 --> 00:29:18,355
Come.
353
00:29:23,828 --> 00:29:25,763
Were there any problems?
354
00:29:29,400 --> 00:29:32,035
Were there any problems,
Mr. labuschagne?
355
00:29:36,508 --> 00:29:38,108
No.
356
00:29:38,110 --> 00:29:41,812
Everyone just does
what they're told, do they?
357
00:29:43,114 --> 00:29:46,083
They're taught to obey.
358
00:29:47,452 --> 00:29:49,920
What happens if
they don't obey?
359
00:30:11,042 --> 00:30:12,142
Come on.
360
00:30:40,972 --> 00:30:42,406
Do you have anything to say
361
00:30:42,408 --> 00:30:45,976
before the order of
the court is carried out?
362
00:30:45,978 --> 00:30:50,314
Do you have anything to say
before the order of
the court is carried out?
363
00:30:50,316 --> 00:30:54,451
Do you have anything to say
before the order of
the court is carried out?
364
00:30:54,453 --> 00:30:58,155
Do you have anything to say
before the order of
the court is carried out?
365
00:30:58,157 --> 00:31:01,525
Do you have anything to say
before the order of
the court is carried out?
366
00:31:01,527 --> 00:31:05,629
Do you have anything to say
before the order of
the court is carried out?
367
00:31:52,977 --> 00:31:56,480
I didn't wanna look at the rope, but I could smell it.
368
00:31:57,982 --> 00:32:01,318
It was like a wet doormat.
369
00:32:09,427 --> 00:32:11,061
A sound was in my ears,
370
00:32:12,931 --> 00:32:14,331
like water.
371
00:32:19,437 --> 00:32:21,405
I could feel my arm shaking,
372
00:32:22,674 --> 00:32:26,543
but I didn't know
if it was from me
or from the prisoner.
373
00:32:37,956 --> 00:32:42,192
Tell us in your own words
what you observed.
374
00:32:50,535 --> 00:32:53,103
Mr. labuschagne,
the court is waiting.
375
00:32:54,672 --> 00:32:57,607
Tell us what you
remember from that day.
376
00:33:00,378 --> 00:33:01,611
The noise.
377
00:33:03,448 --> 00:33:05,716
What did you see?
378
00:34:19,057 --> 00:34:21,224
Don't hold on so
tight next time,
379
00:34:22,226 --> 00:34:24,628
or he'll pull
you down with him.
380
00:34:24,630 --> 00:34:27,230
Then you'll look
like a puss, won't you?
381
00:34:43,247 --> 00:34:45,615
Did the warrant officer
say anything to
you after this?
382
00:34:47,618 --> 00:34:51,088
I was told
not to talk about the hanging,
383
00:34:51,556 --> 00:34:54,458
any hanging, to anyone.
384
00:34:59,564 --> 00:35:01,698
Did he say anything else?
385
00:35:01,700 --> 00:35:04,668
That I would
be doing this job
386
00:35:04,670 --> 00:35:07,737
two or three
times every two weeks.
387
00:35:09,841 --> 00:35:13,310
Two or three
times every two weeks.
388
00:35:13,312 --> 00:35:16,513
Did he offer any advice,
or counseling?
389
00:35:18,583 --> 00:35:20,750
No.
390
00:35:20,752 --> 00:35:24,488
Did he provide any training
for the work you were to do?
391
00:35:25,289 --> 00:35:25,288
No.
392
00:35:25,290 --> 00:35:29,192
Had you been assessed
or screened in any way
393
00:35:29,194 --> 00:35:31,361
to ensure you were
suitable for this job?
394
00:35:33,731 --> 00:35:33,730
No.
395
00:35:33,732 --> 00:35:37,334
Did the warrant
officer give you a choice,
396
00:35:37,336 --> 00:35:39,636
whether you were willing
to do this work, or not?
397
00:35:41,572 --> 00:35:41,571
No.
398
00:35:41,573 --> 00:35:47,677
Remind the court
as to how many days
you'd been working at maximum
399
00:35:47,679 --> 00:35:50,313
when you were called upon
to hang these men.
400
00:35:53,684 --> 00:35:55,352
One.
401
00:35:55,920 --> 00:35:57,621
And you were how old?
402
00:35:59,423 --> 00:36:02,826
I said, I was 17.
403
00:36:08,699 --> 00:36:10,367
Still 17.
404
00:36:15,740 --> 00:36:17,174
Mr. weber.
405
00:36:18,442 --> 00:36:19,509
Um...
406
00:36:19,511 --> 00:36:24,848
Would now be a convenient time
to adjourn, my lord?
407
00:36:24,850 --> 00:36:26,716
The court adjourns.
408
00:36:38,496 --> 00:36:40,263
Mr. weber?
409
00:36:40,831 --> 00:36:42,632
Sorry.
410
00:36:42,634 --> 00:36:44,868
You asked if i
believed Leon when he said
411
00:36:44,870 --> 00:36:47,337
he had no memory
of the shooting.
412
00:36:47,339 --> 00:36:49,306
Memory is
an intellectual function.
413
00:36:49,308 --> 00:36:53,677
When you're completely swamped
by emotion,
the intellect can shut down.
414
00:36:53,679 --> 00:36:56,379
So, memory shuts down, too.
415
00:36:56,381 --> 00:36:59,649
They're upset.
They don't like seeing him
put through the wringer.
416
00:36:59,651 --> 00:37:01,985
They'll like it even less
if he ends up on death row.
417
00:37:01,987 --> 00:37:05,589
You'll have to force Leon
to recollect
things that are painful.
418
00:37:05,591 --> 00:37:08,825
Break him down,
make him cry even.
Then he'll talk.
419
00:37:08,827 --> 00:37:09,960
Hell, that's the problem.
420
00:37:09,962 --> 00:37:11,728
We have no idea
what he'll talk about.
421
00:37:11,730 --> 00:37:13,230
We're plunging
down a dark tunnel
422
00:37:13,232 --> 00:37:13,230
with no idea what's
on the other side.
423
00:37:13,232 --> 00:37:16,833
What's on the other side
may be the reason
why it happened.
424
00:37:16,835 --> 00:37:18,835
And if that reason is
racial or political,
425
00:37:18,837 --> 00:37:20,770
how's it gonna help
him beat the rope?
426
00:37:22,473 --> 00:37:25,275
How can you defend
that man, Mr. weber?
427
00:37:26,410 --> 00:37:30,280
Ma'am, I despise
killing of any kind,
428
00:37:30,881 --> 00:37:32,582
lawful or unlawful.
429
00:37:32,584 --> 00:37:34,851
What about my son?
Thabo mokoena.
430
00:37:34,853 --> 00:37:37,387
Why should he
get away with it?
431
00:37:37,389 --> 00:37:38,688
She is right, sir.
432
00:37:41,359 --> 00:37:43,593
That man must pay
for what he's done!
433
00:37:59,877 --> 00:38:03,480
Look at this one.
"Eben christiaan coetzee."
434
00:38:03,482 --> 00:38:07,484
Same age as Leon.
Had a daughter.
From a good home.
435
00:38:07,486 --> 00:38:09,586
Mild mannered by all accounts.
436
00:38:09,588 --> 00:38:11,755
Participated in
the rape of a black woman
437
00:38:11,757 --> 00:38:13,890
after pressure from
the others involved.
438
00:38:13,892 --> 00:38:15,792
All of whom were older.
439
00:38:15,794 --> 00:38:17,827
Then he snaps,
goes on a rampage,
440
00:38:17,829 --> 00:38:19,829
and takes the lead
in killing the victim.
441
00:38:19,831 --> 00:38:20,997
Why?
442
00:38:22,300 --> 00:38:24,334
I wouldn't know.
443
00:38:24,336 --> 00:38:27,704
Was he trying to
prove something
to the others?
444
00:38:27,706 --> 00:38:30,440
Was that the reason?
445
00:38:30,442 --> 00:38:33,910
We won't ever know. He's dead.
They hanged him.
446
00:38:35,713 --> 00:38:37,347
Yes.
447
00:38:37,349 --> 00:38:40,617
And Leon was his escort.
448
00:38:40,619 --> 00:38:44,521
He specifically requested
Leon be his escort.
449
00:38:45,923 --> 00:38:47,857
Why?
450
00:38:47,859 --> 00:38:49,859
I'm going home, John.
451
00:38:49,861 --> 00:38:51,761
We still have
the case
histories to go through.
452
00:38:51,763 --> 00:38:54,831
No. We're off on
some tangent here.
453
00:38:54,833 --> 00:38:57,767
These profiles,
they're not gonna tell us
anything about Leon,
454
00:38:57,769 --> 00:38:57,767
or why he did what he did.
455
00:38:57,769 --> 00:39:03,873
That woman,
the one who lost her son,
Mrs. mokoena, she's right.
456
00:39:03,875 --> 00:39:06,343
You sit there
wringing your hands
over the death penalty,
457
00:39:06,345 --> 00:39:08,778
studying the case files
of the men who were hanged.
458
00:39:08,780 --> 00:39:12,716
But no one ever
remembers the victims.
Like this guy.
459
00:39:14,585 --> 00:39:18,421
Him and his accomplice
stabbed
the victim numerous times.
460
00:39:18,423 --> 00:39:21,358
No one remembers
that poor man
running for his life.
461
00:39:21,360 --> 00:39:23,727
Or this guy,
this bastard who burned
462
00:39:23,729 --> 00:39:26,596
his victim to death
in the boot of her car.
463
00:39:26,598 --> 00:39:28,998
No one remembers
that poor woman's suffering.
464
00:39:29,000 --> 00:39:31,000
Or any of these women
in any of these cases,
465
00:39:31,002 --> 00:39:33,370
who were raped and
strangled and beaten,
466
00:39:33,372 --> 00:39:35,472
had their heads
bashed in, stabbed,
467
00:39:35,474 --> 00:39:38,441
drowned in their own blood
in the arms of a son!
468
00:39:38,443 --> 00:39:41,010
No one remembers
their suffering.
And who organizes a protest,
469
00:39:41,012 --> 00:39:44,881
or delivers a paper at
an international conference!
470
00:39:50,755 --> 00:39:53,890
The reason is that
these men are animals.
471
00:39:54,825 --> 00:39:56,826
And when there's
a gang involved,
472
00:39:56,828 --> 00:39:58,762
reason goes out
the window altogether.
473
00:40:00,464 --> 00:40:02,699
The only thing
you can do with them
474
00:40:02,701 --> 00:40:04,901
is to get rid
of them for good.
475
00:40:09,874 --> 00:40:11,608
Pedrie, there's...
476
00:40:12,476 --> 00:40:14,778
There's something here.
477
00:40:14,780 --> 00:40:18,648
The relationships
that Leon formed
with the men he hanged
478
00:40:18,650 --> 00:40:21,518
have to had an impact on him.
479
00:40:26,824 --> 00:40:28,892
I need to go, John.
480
00:40:31,962 --> 00:40:33,496
Good night.
481
00:41:28,686 --> 00:41:30,620
Who's that?
482
00:41:30,622 --> 00:41:34,557
If that's who I think it is,
we're in for a rough ride.
483
00:41:39,163 --> 00:41:41,030
Please,
could you inform the court
484
00:41:41,032 --> 00:41:42,899
as to how many
men were executed
485
00:41:42,901 --> 00:41:44,501
in your final year at maximum.
486
00:41:44,503 --> 00:41:46,803
Please consult
the execution register,
487
00:41:46,805 --> 00:41:49,038
which has been
submitted as evidence.
488
00:41:56,247 --> 00:41:58,548
164.
489
00:41:58,550 --> 00:42:01,184
164 hangings
in a single year,
490
00:42:01,186 --> 00:42:03,653
which was a record, I believe.
491
00:42:03,655 --> 00:42:03,653
Yes.
492
00:42:03,655 --> 00:42:06,923
And you were present
when these men were admitted
493
00:42:06,925 --> 00:42:09,792
and you were also present
when they were executed.
494
00:42:09,794 --> 00:42:10,960
Yes.
495
00:42:10,962 --> 00:42:12,662
At all
the executions that year.
496
00:42:12,664 --> 00:42:14,297
Yes.
497
00:42:14,299 --> 00:42:17,567
So, you would've come to know
these people
during their stay,
498
00:42:17,569 --> 00:42:19,836
or should I say,
"your stay at maximum?"
499
00:42:20,905 --> 00:42:22,772
Yes.
500
00:42:22,774 --> 00:42:24,707
How well did you
get to know these men?
501
00:42:25,609 --> 00:42:28,077
We spent all day with them.
502
00:42:28,079 --> 00:42:30,079
So, would you say that,
in some cases,
503
00:42:30,081 --> 00:42:32,682
you developed relationships
with some of these men?
504
00:42:36,854 --> 00:42:41,090
Let's pick
a prisoner at random.
505
00:42:41,092 --> 00:42:43,259
If you look down the list.
506
00:42:43,261 --> 00:42:45,862
Eben christiaan coetzee,
for example.
507
00:42:45,864 --> 00:42:47,931
We object, my lord.
Once again, my learned friend
508
00:42:47,933 --> 00:42:50,900
is straying into matters
which are
deliberately kept confidential
509
00:42:50,902 --> 00:42:54,103
out of respect
for the families
of the executed prisoners.
510
00:42:54,105 --> 00:42:57,807
Yes, Mr. weber. I've asked you
to keep the names out of this.
511
00:42:57,809 --> 00:43:01,678
My lord, we have to use a name
in this instance
512
00:43:01,680 --> 00:43:04,013
as the prisoner,
before he was hanged,
513
00:43:04,015 --> 00:43:07,216
may have developed
a relationship
with the accused.
514
00:43:07,218 --> 00:43:11,921
Further, my lord,
the evidence supplied
and the names thereon
515
00:43:11,923 --> 00:43:16,125
are a matter of public record,
not confidential at all.
516
00:43:24,602 --> 00:43:27,670
I've given
the defense a lot of leeway
in this case,
517
00:43:29,073 --> 00:43:32,375
far more than i
ever imagined I would
in a case like this.
518
00:43:33,711 --> 00:43:36,746
I expect the same solicitude
from the defense in future.
519
00:43:39,650 --> 00:43:42,919
Mr. labuschagne, how well
did you know the prisoner,
520
00:43:42,921 --> 00:43:44,153
eben christiaan coetzee?
521
00:43:48,659 --> 00:43:50,927
I read the Bible to him.
522
00:43:50,929 --> 00:43:53,963
To any prisoner
who requested it.
523
00:43:56,100 --> 00:43:59,836
Eben was 19
years old, correct?
524
00:44:01,271 --> 00:44:01,270
Yes.
525
00:44:01,272 --> 00:44:05,341
Eben had a wife and daughter,
and I believe
526
00:44:05,343 --> 00:44:08,111
you have a daughter,
don't you?
527
00:44:08,812 --> 00:44:10,146
Esme.
528
00:44:12,082 --> 00:44:13,916
You met his wife and daughter.
529
00:44:18,322 --> 00:44:21,024
They came to say
goodbye to him.
530
00:44:23,961 --> 00:44:27,697
I walked them
back to the car park
through the prison garden.
531
00:44:29,700 --> 00:44:32,869
And they thanked me
for looking after him.
532
00:44:34,438 --> 00:44:38,374
You believed
that eben should
have been reprieved?
533
00:44:38,376 --> 00:44:43,212
Other men were reprieved,
so, why shouldn't he
have been reprieved?
534
00:44:44,048 --> 00:44:45,281
Did you tell him?
535
00:44:49,753 --> 00:44:51,454
I would've been dismissed.
536
00:44:51,456 --> 00:44:53,723
By the warrant officer?
537
00:44:54,158 --> 00:44:56,125
Over here.
538
00:44:57,762 --> 00:44:59,028
Order!
539
00:45:06,170 --> 00:45:07,470
Yes.
540
00:45:07,472 --> 00:45:10,039
So, you felt
eben should have
been reprieved,
541
00:45:10,041 --> 00:45:14,243
but instead,
you were his escort
and you helped hang him.
542
00:45:16,046 --> 00:45:17,380
Yes.
543
00:45:17,382 --> 00:45:20,483
What were your
duties as eben's escort?
544
00:45:26,056 --> 00:45:27,490
I measured his weight,
545
00:45:28,492 --> 00:45:30,159
height,
546
00:45:30,794 --> 00:45:30,793
neck.
547
00:45:30,795 --> 00:45:35,998
What was the purpose of all these measurements?
548
00:45:39,970 --> 00:45:43,072
To calculate the length of the drop.
549
00:45:43,074 --> 00:45:45,441
The length of rope required
550
00:45:45,443 --> 00:45:47,944
in order to assure he died instantly.
551
00:45:47,946 --> 00:45:49,746
You were responsible for that.
552
00:45:51,348 --> 00:45:53,149
Yes.
553
00:45:54,184 --> 00:45:58,421
If you calculated
eben's drop incorrectly,
554
00:45:58,423 --> 00:46:01,157
he might not
have died instantly.
555
00:46:01,159 --> 00:46:02,759
He might've suffered.
556
00:46:07,164 --> 00:46:08,431
Yes.
557
00:46:10,868 --> 00:46:14,070
Quite a lot of responsibility,
isn't it?
558
00:46:17,207 --> 00:46:21,310
How long can it
take for a man to die
from strangulation,
559
00:46:21,312 --> 00:46:24,180
hanging there
with his neck broken,
560
00:46:24,182 --> 00:46:27,416
but enough oxygen
to allow
conscious brain activity?
561
00:46:37,528 --> 00:46:42,131
If you left him hanging there,
without hauling
him back up again,
562
00:46:43,167 --> 00:46:45,535
it could take as
long as 15 minutes.
563
00:46:48,205 --> 00:46:50,973
Rather like torture, isn't it?
564
00:46:50,975 --> 00:46:53,075
Mr.
weber, I'm warning you.
565
00:46:53,077 --> 00:46:55,411
This is not
the time nor the place
566
00:46:55,413 --> 00:46:57,880
for a debate on
the death penalty.
567
00:46:58,982 --> 00:47:00,583
As my lord pleases.
568
00:47:00,585 --> 00:47:04,387
Mr. labuschagne,
please tell the court
how you felt personally,
569
00:47:04,389 --> 00:47:06,455
measuring eben's neck,
570
00:47:06,457 --> 00:47:08,591
when you'd gotten
to know him so well
571
00:47:08,593 --> 00:47:10,893
and felt he
should not be hanged.
572
00:47:21,238 --> 00:47:23,072
I didn't feel anything.
573
00:47:23,074 --> 00:47:27,844
What about when you were
on the gallows next to eben,
574
00:47:28,946 --> 00:47:30,513
and the trap door opened?
575
00:47:31,481 --> 00:47:34,217
What went
through your mind then?
576
00:47:35,319 --> 00:47:37,019
I don't know what you mean.
577
00:47:37,021 --> 00:47:40,256
What thoughts
did you experience?
578
00:47:42,025 --> 00:47:43,359
None.
579
00:47:43,361 --> 00:47:45,061
When you met eben
and his little girl,
580
00:47:45,063 --> 00:47:48,064
you were having
problems at home,
weren't you?
581
00:47:48,066 --> 00:47:50,499
Your drinking and fighting
had resulted in a separation
582
00:47:50,501 --> 00:47:54,237
from your wife, magda,
and your own
little girl, Esme.
583
00:48:10,220 --> 00:48:11,554
Mr. labuschagne!
584
00:48:11,556 --> 00:48:11,554
Nothing!
585
00:48:11,556 --> 00:48:18,561
I felt nothing.
I thought nothing.
I was just tired.
586
00:48:18,563 --> 00:48:23,266
Are you
telling us you felt nothing
inside after this man died?
587
00:48:26,503 --> 00:48:28,537
I was just tired.
588
00:48:28,539 --> 00:48:33,242
You had no thoughts,
no feelings,
589
00:48:33,244 --> 00:48:35,011
no emotions.
590
00:48:55,233 --> 00:48:56,966
Mr. labuschagne,
are you all right?
591
00:48:58,502 --> 00:48:59,969
I'm not feeling well.
592
00:48:59,971 --> 00:49:01,237
My lord, I'd like to press on.
593
00:49:01,239 --> 00:49:02,371
Are you feeling faint?
594
00:49:02,373 --> 00:49:02,371
I might be sick.
595
00:49:02,373 --> 00:49:06,108
My lord.
My lord, I'd like to
approach my client.
596
00:49:06,110 --> 00:49:09,345
Mr. weber, if the accused
needs medical attention,
597
00:49:09,347 --> 00:49:09,345
the court will adjourn.
598
00:49:09,347 --> 00:49:13,149
My lord, I'm near the end
of this line of questioning...
599
00:49:13,151 --> 00:49:15,952
You are at the end, Mr. weber.
600
00:49:17,254 --> 00:49:18,988
The court is adjourned.
601
00:49:36,573 --> 00:49:38,341
How could you be so cruel?
602
00:49:38,343 --> 00:49:42,278
It is your job to protect him,
not to hurt him.
603
00:49:42,280 --> 00:49:45,982
My job is to defend him,
miss labuschagne.
That's all I'm trying to do.
604
00:49:45,984 --> 00:49:48,718
You don't need to
abuse him to defend him.
605
00:49:49,453 --> 00:49:51,587
I'm sorry. I'm doing my best.
606
00:49:51,589 --> 00:49:54,357
You don't care if
he hangs, do you?
607
00:49:57,060 --> 00:49:58,394
I'll talk to her.
608
00:50:20,550 --> 00:50:22,118
Hello, Pierre.
609
00:50:22,120 --> 00:50:23,386
How's it?
610
00:50:23,388 --> 00:50:26,022
Well,
you didn't choose this place
611
00:50:26,024 --> 00:50:28,724
for the decor
or the clientele.
612
00:50:28,726 --> 00:50:32,094
Saw you on the TV
the other night,
leaving the court.
613
00:50:32,096 --> 00:50:36,665
Being seen with you
is kind of a liability.
614
00:50:36,667 --> 00:50:41,637
So, we're reduced to
secret,
shabby assignations now.
615
00:50:44,474 --> 00:50:49,078
I can't get you what you want.
My source on
the inside has clammed up.
616
00:50:49,080 --> 00:50:53,049
They're taking
things more cautiously.
617
00:50:53,051 --> 00:50:55,584
Surely, there's something
on a warrant officer
618
00:50:55,586 --> 00:50:58,087
that's a matter
of public record.
619
00:50:59,256 --> 00:51:01,557
I just need to know
what I'm looking for.
620
00:51:01,559 --> 00:51:03,793
I cannot get a file
on the warrant officer.
621
00:51:03,795 --> 00:51:05,394
Or the other warders.
622
00:51:05,396 --> 00:51:10,232
Half these okes don't
even tell their wives
where they're working.
623
00:51:11,134 --> 00:51:13,135
Well,
we've got to find something
624
00:51:13,137 --> 00:51:15,604
or they'll hang him
within six months.
625
00:51:15,606 --> 00:51:17,239
They'll hang him
sooner than that.
626
00:51:19,676 --> 00:51:22,078
A warder who went through
the same ordeal,
627
00:51:22,080 --> 00:51:26,182
someone who liked him.
There must be
somebody who's on his side.
628
00:51:26,184 --> 00:51:29,785
And how the hell do you think
we got what we already have?
629
00:51:29,787 --> 00:51:32,221
Now you listen
to me, 'cause this
630
00:51:32,223 --> 00:51:34,390
is the last of it,
do you understand?
631
00:51:34,392 --> 00:51:37,193
And I'm not seeing you again
until all of
this shit is over.
632
00:51:39,729 --> 00:51:42,832
There was
a prison revolt, a riot,
633
00:51:42,834 --> 00:51:46,268
whatever you wanna
call it, on death row,
634
00:51:46,270 --> 00:51:48,337
his last day.
635
00:51:48,339 --> 00:51:48,337
And?
636
00:51:48,339 --> 00:51:53,843
And they hanged them, anyway.
And that's all
I've got for you.
637
00:51:55,446 --> 00:51:56,812
Wait, wait.
638
00:51:56,814 --> 00:51:58,514
Um...
639
00:51:58,516 --> 00:52:02,284
You know what it feels like,
killing. I don't.
640
00:52:02,286 --> 00:52:05,154
I need to know
what he remembers,
what he tries to block out.
641
00:52:05,156 --> 00:52:06,422
I can't get through
to him unless I know
642
00:52:06,424 --> 00:52:07,656
what's going on
inside his head!
643
00:52:08,425 --> 00:52:10,793
What did it do to you?
644
00:52:10,795 --> 00:52:12,361
You stupid doos.
645
00:52:19,603 --> 00:52:20,803
Pierre!
646
00:52:33,283 --> 00:52:34,583
Mr. weber?
647
00:52:42,659 --> 00:52:44,460
Mr. labuschagne,
consult the register
648
00:52:44,462 --> 00:52:47,863
for your last three days
at maximum, please.
649
00:52:55,906 --> 00:52:59,408
Tell the court what happened
on the 8th of December.
650
00:53:02,412 --> 00:53:04,213
We hanged seven men.
651
00:53:04,681 --> 00:53:06,248
And on the 9th?
652
00:53:06,883 --> 00:53:08,851
Another seven.
653
00:53:08,853 --> 00:53:12,288
And on your
last day, the 10th?
654
00:53:12,290 --> 00:53:14,690
Seven more.
655
00:53:14,692 --> 00:53:18,460
Seven more.
21 men in three days,
656
00:53:18,462 --> 00:53:21,830
which, I understand,
was another record
number of executions
657
00:53:21,832 --> 00:53:23,265
for that amount of days.
658
00:53:23,267 --> 00:53:25,768
Yeah.
659
00:53:25,770 --> 00:53:31,340
Did anything unusual occur
during the executions
on your last day?
660
00:53:38,682 --> 00:53:41,550
Mr. labuschagne,
tell the court what happened
661
00:53:41,552 --> 00:53:44,820
on your last day at maximum,
the 10th of December.
662
00:53:47,924 --> 00:53:50,426
Did the prisoners
who were going up that day
663
00:53:50,428 --> 00:53:52,895
become difficult in some way?
664
00:53:55,365 --> 00:54:00,336
Mr. labuschagne,
you told the court
about your first hanging,
665
00:54:00,338 --> 00:54:03,939
now tell the court about
what you
experienced at your last one.
666
00:54:07,778 --> 00:54:10,012
The warrant officer thought they'd been broken.
667
00:54:14,884 --> 00:54:16,018
But they weren't.
668
00:54:37,507 --> 00:54:38,874
Get him in there!
669
00:54:47,550 --> 00:54:50,319
Took another half dozen men to get them out.
670
00:56:02,792 --> 00:56:05,561
We were ordered to take them up in straightjackets
671
00:56:05,563 --> 00:56:07,496
and hang them like that.
672
00:57:13,930 --> 00:57:15,130
Don't touch him!
673
00:57:54,103 --> 00:57:57,673
What happened
after the hanging?
What were your duties then?
674
00:57:57,675 --> 00:57:59,775
Just a moment.
675
00:57:59,777 --> 00:58:03,846
Miss marais,
the purpose of this
evidence is to show
676
00:58:03,848 --> 00:58:06,849
that the execution process
was traumatic for the accused.
677
00:58:06,851 --> 00:58:09,017
I'm sure the state
would admit to that by now.
678
00:58:09,019 --> 00:58:10,819
Is this correct, miss marais?
679
00:58:12,989 --> 00:58:15,190
We are prepared to admit that.
680
00:58:15,192 --> 00:58:18,494
Is there any
need for more detail
in this area, Mr. weber?
681
00:58:20,930 --> 00:58:20,929
It's damage control.
682
00:58:20,931 --> 00:58:25,501
They're trying to do to us
what we did to them.
683
00:58:25,503 --> 00:58:28,270
My lord, we're grateful for
the concession by the state,
684
00:58:28,272 --> 00:58:30,772
but we're going to
have to lead this evidence,
685
00:58:30,774 --> 00:58:30,772
unpleasant as it may be.
686
00:58:30,774 --> 00:58:34,710
We're conscious of our duty
to avoid unnecessary evidence,
687
00:58:34,712 --> 00:58:37,112
but we are equally
conscious of our duty
688
00:58:37,114 --> 00:58:39,715
to present
the defense case fully.
689
00:58:43,787 --> 00:58:45,888
Mr. labuschagne, continue.
690
00:58:46,756 --> 00:58:48,757
What happened
after the hangings?
691
01:00:28,925 --> 01:00:31,259
We tossed a coin to see
692
01:00:31,261 --> 01:00:33,729
who had to take them to the cemetery.
693
01:00:34,063 --> 01:00:35,664
I lost.
694
01:00:35,666 --> 01:00:36,898
Amen.
695
01:00:36,900 --> 01:00:38,066
Amen.
696
01:00:50,813 --> 01:00:52,214
Stop!
697
01:01:20,910 --> 01:01:22,310
Isaiah!
698
01:04:08,544 --> 01:04:10,312
What
happened when you got back
699
01:04:10,314 --> 01:04:12,080
to the prison.
Mr. labuschagne?
700
01:04:14,050 --> 01:04:16,017
I fainted.
701
01:04:16,019 --> 01:04:20,355
And they took me to the medic.
702
01:04:21,958 --> 01:04:25,594
I had a bump on
the left side of my head
from the accident
703
01:04:25,596 --> 01:04:27,963
and I was
bleeding from my ear.
704
01:04:31,234 --> 01:04:33,201
Were you
offered any treatment?
705
01:04:34,904 --> 01:04:37,973
The medic gave me
a headache tablet.
706
01:04:41,310 --> 01:04:42,510
A headache tablet.
707
01:04:45,882 --> 01:04:48,083
What happened next?
708
01:04:48,085 --> 01:04:52,487
I came off duty,
and started for home.
709
01:04:52,489 --> 01:04:54,456
But the storm was really bad.
710
01:04:57,326 --> 01:05:00,161
What happened, Mr.
labuschagne?
711
01:05:11,040 --> 01:05:15,377
All I can remember is how tired I was.
712
01:05:16,112 --> 01:05:17,646
How tired I was of everything.
713
01:05:22,418 --> 01:05:24,352
The minibus...
714
01:05:28,291 --> 01:05:30,191
There was almost
another accident.
715
01:05:46,375 --> 01:05:48,410
You remember what happened?
716
01:05:52,682 --> 01:05:55,283
Mr. labuschagne, what happened
717
01:05:55,285 --> 01:05:58,687
after you nearly
had an accident
with the minibus?
718
01:06:26,449 --> 01:06:29,317
You followed them up the quarry road to magazine hill.
719
01:06:32,989 --> 01:06:36,591
Once you and the driver
reached the dead
end at the quarry,
720
01:06:37,660 --> 01:06:39,361
what occurred?
721
01:06:51,140 --> 01:06:52,774
I heard the trapdoors open.
722
01:06:52,776 --> 01:06:55,343
Can you say that again?
723
01:06:55,345 --> 01:06:58,580
I heard the sound of
the trapdoors opening.
724
01:07:00,583 --> 01:07:02,450
Proceed.
725
01:07:05,521 --> 01:07:09,157
Take your time.
Tell it slowly.
726
01:07:14,563 --> 01:07:14,562
I smelled the rope.
727
01:07:17,433 --> 01:07:21,736
Could taste
the smell of the rope
in my throat.
728
01:07:21,738 --> 01:07:26,441
The quarry, Mr. labuschagne,
what occurred there?
729
01:07:36,452 --> 01:07:38,420
I can't remember.
730
01:07:41,257 --> 01:07:44,192
So, that's it,
you can't remember?
731
01:07:44,194 --> 01:07:46,194
Mr. weber,
do you have anything else
for the defense?
732
01:07:46,196 --> 01:07:49,364
Mr. labuschagne,
what happened next?
733
01:07:52,068 --> 01:07:53,401
What do you remember?
734
01:07:59,108 --> 01:08:00,642
Mr. labuschagne!
735
01:08:00,644 --> 01:08:03,144
Mr. weber,
this is highly improper!
736
01:08:03,146 --> 01:08:05,547
Will you return
to the bar at once.
737
01:08:13,322 --> 01:08:14,856
I'm sorry, my lord.
738
01:08:14,858 --> 01:08:16,491
And so you should be.
739
01:08:16,493 --> 01:08:18,827
It should never happen again.
740
01:08:18,829 --> 01:08:22,163
Do you have any
other line of questioning
741
01:08:22,165 --> 01:08:24,799
for this witness at
this time, Mr. weber?
742
01:08:36,278 --> 01:08:39,414
My lord,
i have no further questions.
Thank you.
743
01:08:45,421 --> 01:08:46,821
Miss marais.
744
01:08:48,157 --> 01:08:50,492
As the court pleases.
745
01:08:50,494 --> 01:08:54,362
So, you say that
the execution process
and the work in the pit room
746
01:08:54,364 --> 01:08:57,132
upset you greatly.
Is that what you're saying?
747
01:08:58,901 --> 01:09:01,636
You have to speak up.
The evidence
has to be recorded
748
01:09:01,638 --> 01:09:04,606
and a nod or
a shake of your head
will not be recorded.
749
01:09:04,608 --> 01:09:09,377
Miss marais is right.
Speak up and direct
your answers to us.
750
01:09:09,379 --> 01:09:12,247
So, you're saying
that the execution process
751
01:09:12,249 --> 01:09:15,750
and the work in the pit room
upset you greatly.
752
01:09:17,453 --> 01:09:18,753
Yes.
753
01:09:18,755 --> 01:09:20,522
But weren't you
playing the fool
754
01:09:20,524 --> 01:09:22,457
in all
the sections of the prison,
755
01:09:22,459 --> 01:09:25,627
including the gallows room,
the pit room,
756
01:09:25,629 --> 01:09:27,228
and even the chapel?
757
01:09:29,465 --> 01:09:31,432
No.
758
01:09:31,434 --> 01:09:33,801
Let me see if I can
give your memory a jolt.
759
01:09:35,604 --> 01:09:39,674
Can you recall
an occasion when you
gave a new warder a fright
760
01:09:39,676 --> 01:09:41,609
by putting white
chalk on your face
761
01:09:41,611 --> 01:09:44,846
and hiding in
one of the freezers
in the autopsy room?
762
01:09:49,585 --> 01:09:49,584
It wasn't me.
763
01:09:49,586 --> 01:09:54,689
But you smiled
when I reminded you
of the incident. Why?
764
01:09:55,491 --> 01:09:56,958
Don't know that I smiled.
765
01:09:58,594 --> 01:10:00,261
So, what is your answer?
766
01:10:01,630 --> 01:10:03,531
You remember the incident,
do you?
767
01:10:04,500 --> 01:10:06,768
I heard about it.
768
01:10:06,770 --> 01:10:08,870
You climbed up on the catwalk
769
01:10:08,872 --> 01:10:12,240
and scared prisoners
by making ghost noises.
770
01:10:16,779 --> 01:10:16,778
It's not true.
771
01:10:16,780 --> 01:10:21,282
You sprayed the other warders
with the hose
772
01:10:21,284 --> 01:10:22,750
while cleaning the pit room.
773
01:10:23,719 --> 01:10:25,920
Some of us got
wet while cleaning.
774
01:10:25,922 --> 01:10:28,356
You once put a lit cigarette
775
01:10:28,358 --> 01:10:32,560
in the mouth of
an executed prisoner
before closing his coffin.
776
01:10:33,762 --> 01:10:36,231
And the smoke leaked out
777
01:10:36,233 --> 01:10:38,833
with his family
there for the funeral.
778
01:10:42,371 --> 01:10:43,738
It wasn't me.
779
01:10:43,740 --> 01:10:45,673
All you have
to do is say yes or no.
780
01:10:45,675 --> 01:10:48,343
If any explanation is needed,
i will ask you
for an explanation.
781
01:10:48,345 --> 01:10:50,878
Otherwise, you can leave
your explanations for later
782
01:10:50,880 --> 01:10:53,748
when your
advocate re-examines you.
783
01:10:53,750 --> 01:10:57,485
And do not speak
to miss marais.
Address your answers to me.
784
01:10:57,987 --> 01:10:59,687
You collected beads.
785
01:11:01,957 --> 01:11:03,024
No.
786
01:11:09,898 --> 01:11:13,601
New coffins arrived with lids
that came in two pieces,
787
01:11:13,603 --> 01:11:17,438
a head piece and
a longer body piece.
788
01:11:17,440 --> 01:11:20,608
So that you could
get your fingers
beneath the head piece
789
01:11:20,610 --> 01:11:26,314
to open the coffin,
they pre-set
little plastic beads
790
01:11:26,316 --> 01:11:27,915
beneath the lid, didn't they?
791
01:11:27,917 --> 01:11:31,953
Yellow ones,
green ones, white ones,
792
01:11:31,955 --> 01:11:34,422
and even little pink ones.
793
01:11:37,626 --> 01:11:39,327
They're washers.
794
01:11:39,329 --> 01:11:40,795
They're washers, you say.
795
01:11:42,898 --> 01:11:44,999
Yes.
796
01:11:45,001 --> 01:11:47,902
You collected these washers.
797
01:11:47,904 --> 01:11:49,871
You kept a washer
for every prisoner
798
01:11:49,873 --> 01:11:51,773
you escorted to the gallows,
didn't you?
799
01:11:55,911 --> 01:11:57,045
It wasn't like that.
800
01:11:57,047 --> 01:11:59,781
You kept one
washer from each coffin
801
01:11:59,783 --> 01:12:02,984
like notches on
a gunslinger's six-shooter.
802
01:12:02,986 --> 01:12:05,887
You did so because there was
a competition between warders
803
01:12:05,889 --> 01:12:09,724
to see who could
collect the most,
wasn't there?
804
01:12:12,695 --> 01:12:14,662
I was ordered to do the work.
805
01:12:14,664 --> 01:12:16,764
Please look at
this photograph.
806
01:12:18,500 --> 01:12:20,501
These are
the washers you collected
807
01:12:20,503 --> 01:12:22,470
before you were arrested,
correct?
808
01:12:22,472 --> 01:12:22,470
Yes.
809
01:12:22,472 --> 01:12:22,470
You kept these
washers in your drawer.
810
01:12:22,472 --> 01:12:28,042
This photograph was
taken at your house
when the police searched it.
811
01:12:28,044 --> 01:12:30,478
You'd placed
the washers from the 8th and
812
01:12:30,480 --> 01:12:32,680
the 9th on the string already,
hadn't you?
813
01:12:35,784 --> 01:12:37,118
You'll have to speak.
814
01:12:38,554 --> 01:12:39,687
Yes.
815
01:12:42,124 --> 01:12:44,025
I suggest to you
that your evidence that
816
01:12:44,027 --> 01:12:45,860
you were upset by
the execution process
817
01:12:45,862 --> 01:12:48,396
and the work you had
to do in the pit room
is just a facade
818
01:12:48,398 --> 01:12:51,532
and that, in truth,
you actually enjoyed the work.
819
01:13:00,743 --> 01:13:03,478
In fact, you got used
to this special work
very quickly, didn't you?
820
01:13:05,748 --> 01:13:07,081
The special work of killing.
821
01:13:15,858 --> 01:13:18,159
That must've made
you feel important
and powerful,
822
01:13:18,161 --> 01:13:21,095
knowing that you could kill
and not be prosecuted for it.
823
01:13:24,433 --> 01:13:27,902
No one except us
knew about
the work we're doing.
824
01:13:27,904 --> 01:13:30,405
So, how would that
make me feel
important or powerful?
825
01:13:30,407 --> 01:13:32,039
Don't ask me questions.
826
01:13:32,041 --> 01:13:33,808
You knew
you were immune
to prosecution,
827
01:13:33,810 --> 01:13:35,810
that you had
the blessing of the law,
didn't you?
828
01:13:37,513 --> 01:13:40,114
We didn't do the killing,
the hangman did.
829
01:13:41,917 --> 01:13:46,154
Yet you've told
the court that you had to
pull prisoners up by the neck
830
01:13:46,156 --> 01:13:48,022
and drop them again,
haven't you?
831
01:13:49,425 --> 01:13:52,059
Yes, but we didn't actually
touch the prisoners.
832
01:13:52,061 --> 01:13:53,694
We only touched the rope.
It was what
833
01:13:53,696 --> 01:13:55,062
the warrant
officer told us to do!
834
01:13:55,064 --> 01:13:55,062
But you dropped them again
835
01:13:55,064 --> 01:13:59,167
so that their necks
would break cleanly,
didn't you?
836
01:14:00,736 --> 01:14:02,170
Yes.
So, in those cases,
837
01:14:02,172 --> 01:14:04,439
the executioner
pushed the lever,
838
01:14:04,441 --> 01:14:07,975
but his hand did not cause
the prisoner's
neck to break, did it?
839
01:14:07,977 --> 01:14:10,011
Your hands did.
840
01:14:10,013 --> 01:14:13,915
My lord, with respect,
the question is
actually an argument
841
01:14:13,917 --> 01:14:15,783
and not a question
the witness can answer.
842
01:14:15,785 --> 01:14:19,187
You told us Mr. labuschagne's
state of mind was relevant,
843
01:14:19,189 --> 01:14:21,055
and that every
bit of information
844
01:14:21,057 --> 01:14:24,192
that has a bearing
on his state of mind
is admissible.
845
01:14:24,194 --> 01:14:26,928
So,
I'd like to hear the answer.
846
01:14:26,930 --> 01:14:29,797
You physically
raised the prisoners
and then dropped them again
847
01:14:29,799 --> 01:14:31,466
so that they would die.
848
01:14:32,968 --> 01:14:32,967
Yes.
849
01:14:32,969 --> 01:14:36,938
When a prisoner's neck broke,
after the trapdoor had opened,
850
01:14:36,940 --> 01:14:40,608
you saw the executioner's hand
as the one that
had done the killing.
851
01:14:41,810 --> 01:14:43,811
Yes, it was his hand.
852
01:14:43,813 --> 01:14:47,148
So, by the same token,
when you hauled a prisoner up
853
01:14:47,150 --> 01:14:50,852
dropped him down,
and his neck broke,
854
01:14:50,854 --> 01:14:54,622
it was not
the executioner's hand
that did the killing, was it?
855
01:14:58,727 --> 01:15:00,261
I see what you mean.
856
01:15:00,263 --> 01:15:03,064
So, it was your hand
that did the killing.
857
01:15:03,066 --> 01:15:07,134
And it was your hand that
did the killing at the quarry,
too, wasn't it?
858
01:15:15,711 --> 01:15:17,545
You can't
remember what happened
859
01:15:17,547 --> 01:15:19,146
at the quarry,
is that what you say?
860
01:15:20,949 --> 01:15:23,017
But I've told you
what I can remember.
861
01:15:24,953 --> 01:15:27,054
You claim you have no memory
of the shooting.
862
01:15:27,056 --> 01:15:28,689
Is that how we are to
understand your evidence?
863
01:15:28,691 --> 01:15:30,291
But I can't remember!
864
01:15:30,293 --> 01:15:34,061
So, your defense
is not that you
didn't shoot them,
865
01:15:34,063 --> 01:15:36,797
but that you can't
remember shooting them.
866
01:15:36,799 --> 01:15:38,766
Is that how we are
to understand it?
867
01:15:38,768 --> 01:15:42,803
My lord,
it's not for the accused
to answer questions of law.
868
01:15:42,805 --> 01:15:44,272
I alone can answer questions
869
01:15:44,274 --> 01:15:47,708
such as those proposed
by my learned friend.
870
01:15:58,220 --> 01:16:00,288
No more questions, my lord.
871
01:16:04,826 --> 01:16:08,062
Mr. weber, do you intend
to re-examine the accused?
872
01:16:15,871 --> 01:16:17,672
If it pleases my lord.
873
01:16:24,746 --> 01:16:25,980
You killed them.
874
01:16:29,184 --> 01:16:30,751
Everyone knows that.
875
01:16:31,853 --> 01:16:33,054
Isn't that right?
876
01:16:39,027 --> 01:16:40,928
Isn't that right, Mr.
labuschagne?
877
01:16:52,007 --> 01:16:53,641
I don't know.
878
01:16:56,945 --> 01:16:59,013
I mean, it must've been me.
879
01:17:05,954 --> 01:17:08,189
But I don't understand.
880
01:17:09,825 --> 01:17:14,996
Two years ago,
you were a school prefect
and active in the church.
881
01:17:14,998 --> 01:17:18,132
And now you're here in court,
on trial for murder.
882
01:17:20,736 --> 01:17:22,136
How did that happen?
883
01:17:28,243 --> 01:17:29,910
I don't know.
884
01:17:29,912 --> 01:17:33,347
You were a husband, a father,
885
01:17:33,349 --> 01:17:36,183
but now neither your wife
nor your daughter will
visit you in the cells
886
01:17:36,185 --> 01:17:39,153
and they've not
attended court, either,
have they?
887
01:17:49,364 --> 01:17:52,733
What brought
about this change,
Mr. labuschagne?
888
01:17:59,207 --> 01:18:02,843
Tell us what happened,
the reasons you
fired those shots.
889
01:18:40,849 --> 01:18:42,383
Mr. labuschagne!
890
01:18:46,388 --> 01:18:48,723
You were having problems,
weren't you?
891
01:18:48,725 --> 01:18:52,960
So, why didn't you go
to the warrant officer
and ask to seek for help?
892
01:18:52,962 --> 01:18:55,029
A psychiatrist
could've helped you!
893
01:19:06,174 --> 01:19:07,775
Why didn't you tell me?
894
01:19:10,412 --> 01:19:12,313
Before I started
hurting my wife.
895
01:19:13,348 --> 01:19:14,982
Mr. labuschagne.
896
01:19:14,984 --> 01:19:16,450
Before I lost everything.
897
01:19:20,222 --> 01:19:22,189
Before I killed seven people!
898
01:19:22,191 --> 01:19:24,258
Mr. labuschagne!
899
01:19:25,527 --> 01:19:27,094
Why didn't you tell me!
900
01:19:27,096 --> 01:19:28,362
That is enough!
901
01:19:28,897 --> 01:19:29,964
Bailiff!
902
01:19:29,966 --> 01:19:29,964
Why didn't you tell me?
903
01:19:29,966 --> 01:19:33,334
Remove the accused
from the dock.
904
01:19:39,941 --> 01:19:41,842
Order!
905
01:19:43,879 --> 01:19:45,312
If I'd known what
you were going to do,
906
01:19:45,314 --> 01:19:47,982
I would never have allowed
further questioning.
907
01:19:48,950 --> 01:19:50,351
Court adjourned.
908
01:20:46,474 --> 01:20:48,509
They pass these cases off
to the most junior advocates
909
01:20:48,511 --> 01:20:48,509
because no one cares.
910
01:20:48,511 --> 01:20:53,614
The judges hand
down death sentences
in the name of the law.
911
01:20:53,616 --> 01:20:55,950
And the prison officials say
they're just witnesses,
912
01:20:55,952 --> 01:20:58,285
it's the hangman
that does the killing.
913
01:20:58,287 --> 01:21:02,056
It's denial of responsibility
all the way down the line.
914
01:21:02,058 --> 01:21:03,490
What's the hangman's
excuse then?
915
01:21:03,492 --> 01:21:06,026
It's gravity's fault,
i suppose.
916
01:21:14,603 --> 01:21:18,539
Tell us in your own words what you observed.
917
01:21:22,043 --> 01:21:24,912
Mr. labuschagne, the court is waiting.
918
01:21:28,350 --> 01:21:32,553
What happened after you nearly had an accident with the minibus?
919
01:21:36,424 --> 01:21:40,961
The quarry, Mr. labuschagne. Tell us what you remember.
920
01:21:40,963 --> 01:21:43,264
You followed them up the quarry road to magazine hill,
921
01:21:43,266 --> 01:21:46,166
and once you reached the dead end, what occurred?
922
01:21:48,336 --> 01:21:50,237
What happened, Mr. labuschagne?
923
01:21:51,306 --> 01:21:52,940
What did you see?
924
01:22:00,415 --> 01:22:01,982
The noise.
925
01:22:30,245 --> 01:22:33,447
You'll lead
the inspection in loco, weber.
926
01:22:33,449 --> 01:22:36,650
Frankly, I'm
surprised Kathleen consented.
927
01:22:36,652 --> 01:22:39,720
I would've expected
to close a case
like this by now.
928
01:22:41,523 --> 01:22:45,359
Well, thank you, judge.
929
01:22:45,361 --> 01:22:49,063
I'd like to start
by having the accused
930
01:22:49,065 --> 01:22:51,665
stand next to
the door of the bakkie,
931
01:22:51,667 --> 01:22:55,269
so that we can
measure the exact distance
from there to the minibus.
932
01:23:08,483 --> 01:23:11,418
I'd now like
the accused to raise his arm
933
01:23:11,420 --> 01:23:14,088
and point toward the minibus.
934
01:23:22,397 --> 01:23:26,567
Can we agree that the distance
is no more than 10 meters?
935
01:23:26,569 --> 01:23:29,570
Ten-and-a-half, I'd say.
- Anything else?
936
01:24:14,282 --> 01:24:15,549
Leon.
937
01:24:18,286 --> 01:24:19,820
Leon.
938
01:24:23,458 --> 01:24:24,691
Why did you bring us here?
939
01:24:24,693 --> 01:24:28,462
Judge,
we think this is the trigger
940
01:24:28,464 --> 01:24:32,666
for an unconditioned
response in him,
that he acted unconsciously.
941
01:24:32,668 --> 01:24:35,069
Something to do
with this door.
942
01:24:42,510 --> 01:24:44,845
J.P., we would like the court
to take note of the
943
01:24:44,847 --> 01:24:48,115
winding and undulating nature
of the track
leading to the quarry.
944
01:24:48,117 --> 01:24:49,516
And the rocks in the roadway.
945
01:24:49,518 --> 01:24:51,251
It would
require a very conscious
946
01:24:51,253 --> 01:24:52,719
effort to drive
over such terrain.
947
01:24:52,721 --> 01:24:52,719
Noted.
948
01:24:52,721 --> 01:24:57,157
If there's nothing else, we'll
reassemble back at court.
949
01:25:00,695 --> 01:25:03,297
Judge,
i have one further request
950
01:25:03,299 --> 01:25:05,666
before we
terminate the inspection.
951
01:26:01,523 --> 01:26:03,891
So, what are we here to see,
Mr. weber?
952
01:26:06,294 --> 01:26:08,529
I wonder if
the warrant officer
would be kind enough
953
01:26:08,531 --> 01:26:11,331
to throw the lever
and release the trapdoor.
954
01:26:58,446 --> 01:27:00,247
Leon.
955
01:27:11,292 --> 01:27:12,693
Leon,
956
01:27:14,796 --> 01:27:17,464
what I did today...
957
01:27:19,234 --> 01:27:20,701
I just wanted to explain...
958
01:27:20,703 --> 01:27:22,336
I'm just so sorry...
959
01:27:25,540 --> 01:27:27,474
...for what I've done.
960
01:27:30,411 --> 01:27:32,346
I'm just so sorry.
961
01:27:43,591 --> 01:27:46,593
This list of names
962
01:27:46,595 --> 01:27:51,498
of men hanged
at maximum security prison
963
01:27:52,967 --> 01:27:57,904
might look like
any list of names
and dates and numbers.
964
01:27:59,340 --> 01:28:01,975
Nothing more than
an anonymous flock.
965
01:28:04,579 --> 01:28:07,681
But to Leon labuschagne,
966
01:28:07,683 --> 01:28:10,751
these were real people
who entered his life.
967
01:28:12,687 --> 01:28:16,523
He processed them,
placed them in their cells,
968
01:28:17,725 --> 01:28:21,295
woke them,
saw that they were fed,
969
01:28:22,497 --> 01:28:26,533
took them to the showers
and the exercise yard,
970
01:28:26,934 --> 01:28:28,635
met their families.
971
01:28:30,638 --> 01:28:33,674
Searched them, touched them.
972
01:28:36,044 --> 01:28:41,315
Read their mail,
led their Bible studies,
and then,
973
01:28:42,684 --> 01:28:45,052
he took them to the gallows.
974
01:28:49,457 --> 01:28:55,062
Some he was made to kill
with his own hands.
975
01:28:55,064 --> 01:28:59,733
After which
he handled their dead,
naked bodies,
976
01:28:59,735 --> 01:29:01,802
and buried them.
977
01:29:04,038 --> 01:29:07,407
No, to Leon labuschagne,
978
01:29:07,409 --> 01:29:11,712
this is not
an abstract list of names,
or an anonymous flock.
979
01:29:14,015 --> 01:29:16,717
But the list is incomplete
980
01:29:18,519 --> 01:29:20,787
because there's
a name missing from it.
981
01:29:24,459 --> 01:29:27,661
And that name is
982
01:29:27,663 --> 01:29:29,429
Leon Albert labuschagne.
983
01:29:29,431 --> 01:29:30,997
That is ridiculous, Mr. weber!
984
01:29:30,999 --> 01:29:35,001
Is it? He spent his whole time
locked in with them!
985
01:29:35,003 --> 01:29:37,537
He shared every moment
of their last days with them,
986
01:29:37,539 --> 01:29:38,972
and then he was
made to witness
987
01:29:38,974 --> 01:29:40,607
the gruesome
details of their deaths
988
01:29:40,609 --> 01:29:43,910
on a regular and
extended basis!
989
01:29:43,912 --> 01:29:46,713
He has been sentenced to death
as surely as all the others!
990
01:29:46,715 --> 01:29:48,749
That is
a ridiculous submission!
991
01:29:48,751 --> 01:29:51,084
It is not ridiculous, my lord!
992
01:29:51,086 --> 01:29:53,587
What is
ridiculous is the denial
993
01:29:53,589 --> 01:29:55,856
of what we have
done to this young man!
994
01:29:58,459 --> 01:30:01,461
My lord, gentlemen,
you cannot ask a man
995
01:30:01,463 --> 01:30:05,532
to be both
Shepherd and butcher
at the same time.
996
01:30:27,955 --> 01:30:29,856
Miss marais,
997
01:30:29,858 --> 01:30:32,993
do you have a final reply
to the defense's argument?
998
01:30:38,599 --> 01:30:41,968
My lord, gentlemen assessors.
999
01:30:44,138 --> 01:30:47,140
May I remind the court
that this is a case of murder.
1000
01:30:49,010 --> 01:30:50,977
Murder seven times over.
1001
01:30:52,613 --> 01:30:55,615
And that the court
should declare it to be such.
1002
01:30:57,151 --> 01:31:02,189
Leon labuschagne,
trained in
the physical act of killing,
1003
01:31:02,191 --> 01:31:06,126
herded his victims
to a secluded area,
1004
01:31:06,128 --> 01:31:08,962
where he shot and killed them.
1005
01:31:10,998 --> 01:31:16,570
He has not been
a good witness,
but evasive and unresponsive.
1006
01:31:18,105 --> 01:31:20,474
And now he tries
the court's indulgence
1007
01:31:20,476 --> 01:31:24,945
with a farfetched
and unconvincing effort
to save his own life.
1008
01:31:39,760 --> 01:31:41,862
J.P. Says
they won't give
judgment tomorrow.
1009
01:31:41,864 --> 01:31:43,964
They apparently
need another day.
1010
01:31:45,032 --> 01:31:47,033
Wonder what that's about.
1011
01:31:48,669 --> 01:31:51,905
Perhaps one of the assessors
might not agree with
the proposed verdict
1012
01:31:51,907 --> 01:31:55,242
and the judge would prefer
a unanimous decision.
1013
01:31:57,845 --> 01:32:01,515
So, they're just being
careful, taking their time.
1014
01:32:02,183 --> 01:32:03,850
Bad news for you, then.
1015
01:32:05,119 --> 01:32:08,788
They take longer
with a conviction
than an acquittal.
1016
01:32:13,294 --> 01:32:16,663
J.P. Will want to write
an appeal-proof judgment.
1017
01:32:19,867 --> 01:32:21,201
Have a good evening.
1018
01:32:21,203 --> 01:32:22,669
And you.
1019
01:32:27,074 --> 01:32:28,875
Nice closing argument.
1020
01:33:04,679 --> 01:33:05,845
You want to talk?
1021
01:33:19,894 --> 01:33:24,264
Anne says you
disappear quite often.
Sometimes for days.
1022
01:33:26,000 --> 01:33:28,969
What is this,
one of your
cross examinations?
1023
01:33:30,905 --> 01:33:32,706
Tell me what's
going on, Pierre.
1024
01:33:33,641 --> 01:33:35,875
We're alone.
You're drunk enough.
1025
01:33:38,646 --> 01:33:40,280
What does it matter?
1026
01:33:43,818 --> 01:33:46,119
You're not on down-time,
are you?
1027
01:33:46,121 --> 01:33:48,388
You're running
an op somewhere.
1028
01:33:55,830 --> 01:33:58,298
We bombed a house today.
1029
01:33:58,300 --> 01:34:00,367
Is that what you want to hear?
1030
01:34:05,873 --> 01:34:07,207
It's your job, right?
1031
01:34:07,209 --> 01:34:08,742
Yes, it's my job!
1032
01:34:10,244 --> 01:34:16,049
I serve this country.
It is my duty,
and that is why I do it!
1033
01:34:16,051 --> 01:34:19,119
So, why are you drunk
and in a state about it, then?
1034
01:35:09,136 --> 01:35:11,137
Mr. labuschagne,
please stand up.
1035
01:35:24,318 --> 01:35:27,253
We are not united
in our findings of the facts
1036
01:35:27,255 --> 01:35:29,723
and there will be
a majority verdict.
1037
01:35:30,758 --> 01:35:33,460
I shall read
the judgment of the majority
1038
01:35:33,462 --> 01:35:37,797
and their verdict,
not the opinion of
the dissenting member,
1039
01:35:37,799 --> 01:35:39,933
will be
the verdict of this court.
1040
01:35:41,435 --> 01:35:44,270
Mr. labuschagne,
1041
01:35:44,272 --> 01:35:47,040
while your defense counsel
have put forward the argument
1042
01:35:47,042 --> 01:35:50,910
that your actions were not
conscious or voluntary,
as required by law,
1043
01:35:50,912 --> 01:35:54,814
this court
finds you guilty of
murder as charged.
1044
01:35:55,950 --> 01:35:57,984
However, due to
the extraordinary events
1045
01:35:57,986 --> 01:35:59,953
that led to your
actions at the quarry,
1046
01:35:59,955 --> 01:36:04,357
the court finds
extenuating
circumstances present.
1047
01:36:04,359 --> 01:36:06,993
You are therefore sentenced
to 20 years imprisonment
1048
01:36:06,995 --> 01:36:09,395
with the possibility
of early parole,
1049
01:36:09,397 --> 01:36:13,032
based upon your progress
in a program of
psychiatric treatment,
1050
01:36:13,034 --> 01:36:15,869
supervised by a state
appointed psychologist.
1051
01:36:49,403 --> 01:36:50,904
Well done.
1052
01:36:50,906 --> 01:36:55,575
Congratulations.
I wouldn't have thought
anyone could pull that off.
1053
01:36:59,079 --> 01:37:01,381
It won't be a popular decision
on either side.
1054
01:37:03,884 --> 01:37:06,386
Somebody once said,
"in the cycle of killing,
1055
01:37:06,388 --> 01:37:10,123
"there's no beginning or end,
just more killing."
1056
01:37:10,125 --> 01:37:13,092
Maybe we addressed
that on some level.
1057
01:37:16,263 --> 01:37:18,064
Take care.
1058
01:37:26,240 --> 01:37:27,974
Thank you, sir.
1059
01:45:46,406 --> 01:45:49,475
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