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These are the user uploaded subtitles that are being translated: 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 Captioned by deluxe 82270

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