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1
00:02:28,970 --> 00:02:30,936
"Magazine Hill",
they call this place.
2
00:02:34,571 --> 00:02:35,670
Dead end.
3
00:02:35,672 --> 00:02:36,737
Mmm.
4
00:02:38,671 --> 00:02:40,503
Why would Labuschagne
and the other men
5
00:02:40,505 --> 00:02:42,904
in the minibus
have come up here?
6
00:02:42,906 --> 00:02:45,571
He claims
he can't remember any of it.
7
00:02:54,038 --> 00:02:56,904
So, Leon's bakkie
was parked here.
8
00:02:56,906 --> 00:02:59,837
He left the keys
in the ignition,
then he ran that way.
9
00:03:00,905 --> 00:03:04,905
The minibus taxi
belonging to
the football team was...
10
00:03:04,907 --> 00:03:07,438
Came to rest here.
11
00:03:07,972 --> 00:03:09,538
Point-blank range.
12
00:03:09,540 --> 00:03:12,071
The gun they found
was registered in Leon's name.
13
00:03:12,073 --> 00:03:14,871
He dragged
the bodies over there,
then he lined them up.
14
00:03:16,939 --> 00:03:20,872
Wait. He lined the bodies up?
Why would he do that?
15
00:03:27,173 --> 00:03:29,205
None of it makes any sense.
16
00:03:30,673 --> 00:03:30,672
Oh.
17
00:03:30,674 --> 00:03:35,839
You can see
the prison from over here,
where he worked.
18
00:03:39,540 --> 00:03:40,772
Who's the judge?
19
00:03:40,774 --> 00:03:42,705
Van Zyl, the hanging judge.
20
00:03:44,107 --> 00:03:46,506
The two of you should get on
like chalk and cheese.
21
00:03:47,973 --> 00:03:50,540
Do you think
the State should kill people?
22
00:03:52,141 --> 00:03:55,107
Majority support
the death penalty.
23
00:03:55,109 --> 00:03:59,207
The majority
supported
burning at the stake,
24
00:03:59,209 --> 00:04:02,007
witch dunking, crucifixion.
25
00:04:27,543 --> 00:04:29,008
Sit!
26
00:04:37,043 --> 00:04:39,909
Leon, this is John Weber.
27
00:04:39,911 --> 00:04:43,942
He's a senior advocate.
He's been asked to defend you.
28
00:04:43,944 --> 00:04:47,775
I've been asked to,
but I don't
particularly want to.
29
00:04:51,709 --> 00:04:54,475
Then why don't you go home?
30
00:04:55,810 --> 00:04:58,975
Because your case is so bad,
no one else will take it.
31
00:05:03,744 --> 00:05:08,177
I already told you,
i don't want you to defend me.
32
00:05:09,577 --> 00:05:11,110
I don't want to talk.
33
00:05:13,478 --> 00:05:15,876
I don't want to
see you, either.
34
00:05:17,611 --> 00:05:21,178
Well, we've
fulfilled our obligations.
Let's go.
35
00:05:21,180 --> 00:05:23,677
Hang on.
I've had enough of this cock.
36
00:05:23,679 --> 00:05:25,877
I've spent a shitload of time
working on this case!
37
00:05:25,879 --> 00:05:28,210
Listen to me, Leon.
You might be feeling
sorry for yourself now,
38
00:05:28,212 --> 00:05:30,943
but you're gonna feel
a hell of a lot worse
when you get a death sentence.
39
00:05:30,945 --> 00:05:33,977
I met your wife,
your little daughter, Esme.
40
00:05:33,979 --> 00:05:36,144
When you last see her?
Six months ago?
41
00:05:43,012 --> 00:05:47,711
I read in your file that
you were a warder in
the prison service.
42
00:05:47,713 --> 00:05:51,045
I suggest you find out
what's in store for you.
43
00:05:51,047 --> 00:05:53,545
Speak to the warders
when you go back to your cell,
44
00:05:53,547 --> 00:05:55,678
ask them what
happens on death row.
45
00:05:58,113 --> 00:06:01,012
I know what
happens on death row.
46
00:06:01,613 --> 00:06:03,779
I worked there.
47
00:06:07,180 --> 00:06:09,446
When this happened,
you were working
48
00:06:09,448 --> 00:06:11,479
on death row at
maximum security prison?
49
00:06:12,113 --> 00:06:14,512
Surely, you were too young.
50
00:06:15,913 --> 00:06:18,579
I started working
there over two years ago.
51
00:06:20,014 --> 00:06:21,879
On gallows duty?
52
00:06:27,047 --> 00:06:28,946
Leave me alone.
53
00:06:32,114 --> 00:06:35,513
Nobody gets away
with killing seven people.
54
00:06:35,515 --> 00:06:38,047
Unless they're the police,
of course.
55
00:06:38,049 --> 00:06:39,214
Bad break, my boy.
56
00:06:39,216 --> 00:06:41,680
There's no defense
for an attack like that.
57
00:06:41,682 --> 00:06:44,548
No, the guy's as good as dead.
58
00:06:44,550 --> 00:06:44,548
Good serve, Andrew!
59
00:06:44,550 --> 00:06:50,080
Paul, stand further back,
you get a better
chance to get to the ball!
60
00:06:50,082 --> 00:06:54,114
Look at it this way, John.
Everyone gets a bad
case now and then.
61
00:06:54,116 --> 00:06:56,448
You just got a hopeless one.
62
00:06:58,715 --> 00:07:00,648
With soldiers who
return from combat,
63
00:07:00,650 --> 00:07:02,848
a minority suffer
mental breakdown
64
00:07:02,850 --> 00:07:05,614
after one
traumatic experience.
65
00:07:05,616 --> 00:07:09,915
But only a very small minority
avoid breakdown
after prolonged exposure.
66
00:07:11,016 --> 00:07:14,649
Which is what
this would have been.
67
00:07:14,651 --> 00:07:17,816
In fact,
he reminds me of
veterans I've treated.
68
00:07:17,818 --> 00:07:20,016
I'd say he's in
a similar State
of emotional collapse.
69
00:07:20,018 --> 00:07:22,183
So, what you're saying,
as far as
the prosecution is concerned,
70
00:07:22,185 --> 00:07:24,582
is that your tests
don't prove mental breakdown,
71
00:07:24,584 --> 00:07:25,982
but also don't rule
out the possibility
72
00:07:25,984 --> 00:07:28,015
that he could be
a racist or a psychopath.
73
00:07:28,017 --> 00:07:31,749
My opinion?
Something triggered
a violent response.
74
00:07:32,716 --> 00:07:36,149
Any idea what that
trigger might be?
75
00:07:36,151 --> 00:07:37,582
I'm afraid not.
76
00:07:37,584 --> 00:07:39,715
So, it follows, Dr.
Schlebusch,
77
00:07:39,717 --> 00:07:41,849
that there might
actually not be a trigger.
78
00:07:42,850 --> 00:07:44,783
That's correct.
79
00:08:09,684 --> 00:08:09,683
The trial of Leon Labuschagne,
80
00:08:09,685 --> 00:08:14,551
the man who shot dead seven members of a Mamaloni football club,
81
00:08:14,553 --> 00:08:17,217
starts in the Pretoria High Court this week.
82
00:08:17,219 --> 00:08:20,617
Human rights advocate, John Weber, who's defending Labuschagne,
83
00:08:20,619 --> 00:08:24,684
is well known internationally as an opponent of capital punishment.
84
00:08:24,686 --> 00:08:24,684
85
00:08:24,686 --> 00:08:28,819
According to police sources, Labuschagne's motives for the shooting are unclear,
86
00:08:28,821 --> 00:08:32,919
and any links to right wing organizations is pure speculation.
87
00:08:32,921 --> 00:08:35,085
To date, Labuschagne has refused
88
00:08:35,087 --> 00:08:36,885
to make a Statement.
89
00:08:38,454 --> 00:08:40,553
We won't have
many chances, Leon.
90
00:08:40,555 --> 00:08:41,985
Once you're in
the witness box,
91
00:08:41,987 --> 00:08:43,820
we'll be prohibited
from speaking to you
92
00:08:43,822 --> 00:08:45,619
until you finish
giving evidence.
93
00:08:45,621 --> 00:08:45,619
So, you've gotta
help us now, man.
94
00:08:45,621 --> 00:08:50,085
Just give us a reason
for why things
happened the way they did.
95
00:08:59,787 --> 00:09:02,486
There you have it.
96
00:09:02,488 --> 00:09:03,920
He's been briefed
on how to respond
97
00:09:03,922 --> 00:09:05,486
to the judge
and the prosecutor
98
00:09:05,488 --> 00:09:07,920
and how to
answer our questions.
99
00:09:07,922 --> 00:09:09,786
I don't know
what else I can do.
100
00:09:16,621 --> 00:09:17,921
Stand up!
101
00:09:17,923 --> 00:09:22,087
Hold it!
Labuschagne, look at this.
102
00:09:23,556 --> 00:09:25,921
Mr. Wierda obtained this
register from
the prisons department.
103
00:09:25,923 --> 00:09:28,821
It lists
the names of all the men
hanged last year.
104
00:09:28,823 --> 00:09:31,554
You must've participated
in some of these executions.
105
00:09:32,122 --> 00:09:33,554
All of them.
106
00:09:35,122 --> 00:09:37,154
Repeat that?
107
00:09:37,156 --> 00:09:39,087
I was at all the executions.
108
00:09:40,722 --> 00:09:44,054
According to this list,
164 men were
executed last year.
109
00:09:44,589 --> 00:09:46,555
A record number.
110
00:09:46,557 --> 00:09:48,555
If that's what it says.
111
00:09:50,656 --> 00:09:54,721
Why were you present
at every execution?
112
00:10:07,124 --> 00:10:08,456
Pierre.
113
00:10:08,458 --> 00:10:09,955
Aye, John.
114
00:10:09,957 --> 00:10:11,622
How is it?
Good.
115
00:10:13,557 --> 00:10:16,222
Uh, could you let
me sit this side?
If you don't mind.
116
00:10:16,224 --> 00:10:18,089
Yeah, sure.
Thanks.
117
00:10:25,558 --> 00:10:27,223
So, how's my sister?
118
00:10:27,225 --> 00:10:29,023
Surprised to
hear you're in town.
119
00:10:29,925 --> 00:10:32,191
So, what's this business
you wanna discuss?
120
00:10:34,524 --> 00:10:36,057
Pierre, um,
121
00:10:37,559 --> 00:10:40,890
what do you know about the men
who work on death row?
122
00:10:41,958 --> 00:10:41,957
Not much.
123
00:10:45,225 --> 00:10:47,991
Well, I happen to know
that they take
part in executions,
124
00:10:47,993 --> 00:10:53,458
but what I don't know is,
what kind of person does that?
125
00:10:53,460 --> 00:10:56,191
What makes
someone take on the job
of killing someone?
126
00:10:58,091 --> 00:11:00,658
John, I can't talk about that.
You should know that by now.
127
00:11:00,660 --> 00:11:03,091
I don't mean you.
This is a boy they put
128
00:11:03,093 --> 00:11:06,758
on gallows duty at 17,
for God's sake.
129
00:11:06,760 --> 00:11:09,625
And you get another shot
at the evil system
you hate so much, eh?
130
00:11:10,793 --> 00:11:13,525
Pierre,
they threw this boy into hell
131
00:11:13,527 --> 00:11:16,692
and he went out
and shot seven men.
132
00:11:16,694 --> 00:11:21,092
Now, he won't,
or can't speak
a word to defend himself.
133
00:11:22,561 --> 00:11:26,193
You have contacts
inside the prison system.
134
00:11:26,195 --> 00:11:27,893
They'll talk to you.
135
00:11:30,093 --> 00:11:33,525
All right,
I'll make some inquiries,
but you're wasting your time.
136
00:11:33,527 --> 00:11:36,725
'Cause the guys
who do what he does,
they don't talk about it.
137
00:11:36,727 --> 00:11:38,126
They never do.
138
00:12:10,628 --> 00:12:13,127
You should tell him
to keep his head up.
139
00:12:13,129 --> 00:12:15,794
It's the victims' families,
they staring at him.
140
00:12:20,463 --> 00:12:23,128
That's his parents,
his sister Antoinette.
141
00:12:43,096 --> 00:12:48,496
At about 18:00,
on a deserted road
near the Magazine Hill quarry,
142
00:12:48,498 --> 00:12:50,563
the accused forced
the minibus in which
143
00:12:50,565 --> 00:12:52,696
the deceased were
traveling from the road,
144
00:12:52,698 --> 00:12:56,162
then shot all seven
victims with a pistol.
145
00:13:02,097 --> 00:13:03,963
Detective,
is this pistol, which is
146
00:13:03,965 --> 00:13:05,830
registered in
the name of the accused,
147
00:13:05,832 --> 00:13:08,896
the firearm that was used
to fire the bullets
found at the scene?
148
00:13:11,132 --> 00:13:12,764
This is the pistol, M'Lord.
149
00:13:14,098 --> 00:13:16,597
That's all I have for
this witness, my Lord.
150
00:13:17,598 --> 00:13:18,764
Mr. Weber?
151
00:13:21,232 --> 00:13:22,765
No questions, my Lord.
152
00:13:26,833 --> 00:13:28,132
What are you doing?
153
00:13:28,133 --> 00:13:29,630
I'll explain later.
154
00:13:32,199 --> 00:13:33,997
The bakkie found
parked next to the body,
155
00:13:33,999 --> 00:13:36,665
that too was registered
in the name of the accused?
156
00:13:36,667 --> 00:13:38,665
Yes.
157
00:13:38,667 --> 00:13:41,531
According to your report,
the vehicle would not start.
158
00:13:41,533 --> 00:13:43,531
Correct.
He was forced to flee on foot.
159
00:13:44,532 --> 00:13:45,865
That's all, my Lord.
160
00:13:51,567 --> 00:13:53,532
No questions, my Lord.
161
00:13:53,534 --> 00:13:54,965
Why didn't you
cross-examine anyone?
162
00:13:54,967 --> 00:13:56,566
We can't argue facts.
163
00:13:56,568 --> 00:13:58,966
If we admit everything,
we deny them the opportunity
164
00:13:58,968 --> 00:14:00,799
for a parade of
emotional witnesses,
165
00:14:00,801 --> 00:14:02,632
and rob
the case of its impact.
166
00:14:02,634 --> 00:14:05,833
So, after a couple of days,
they'll have nothing left.
167
00:14:05,835 --> 00:14:09,998
They found him,
they found the gun,
they found the bakkie.
168
00:14:10,000 --> 00:14:11,666
That's all they've got.
169
00:14:11,668 --> 00:14:13,066
That's all?
170
00:14:13,068 --> 00:14:15,099
What have we got?
Leon is nearly comatose,
171
00:14:15,101 --> 00:14:16,999
Dr. Schlebusch will
barely speak to him...
172
00:14:17,001 --> 00:14:18,799
If it goes that way tomorrow,
gentlemen,
173
00:14:18,801 --> 00:14:20,533
we'll soon be
finished on our side.
174
00:14:20,535 --> 00:14:21,866
Good night.
175
00:14:21,868 --> 00:14:23,800
Good night.
176
00:14:23,802 --> 00:14:26,500
And you were going to say,
177
00:14:26,502 --> 00:14:30,900
a senior advocate
who hasn't handled
a murder case in 15 years?
178
00:14:36,835 --> 00:14:38,835
I don't know
what you said
to him last time,
179
00:14:38,837 --> 00:14:41,001
but he was grouchy
when he came home.
180
00:14:42,168 --> 00:14:44,168
More than usual?
181
00:14:44,170 --> 00:14:46,835
I'm the one who has
to live with him, John.
182
00:14:47,535 --> 00:14:48,935
Here, take that.
183
00:14:54,902 --> 00:14:57,534
Seems to me he's
guilty of murder
184
00:14:57,536 --> 00:15:00,601
and you're trying to turn it
into a political case.
185
00:15:00,603 --> 00:15:04,168
Well, every case involving
the death sentence
is a political case.
186
00:15:04,170 --> 00:15:06,968
Could've just been road rage,
you ever think of that?
187
00:15:08,770 --> 00:15:11,202
He shot seven people 13 times.
188
00:15:12,471 --> 00:15:15,069
A very bad case of road rage.
189
00:15:16,870 --> 00:15:18,603
The only thing I've
accomplished so far
190
00:15:18,605 --> 00:15:20,102
is to keep our
strategy a secret,
191
00:15:20,104 --> 00:15:22,203
but that ends when
the defense starts.
192
00:15:24,204 --> 00:15:27,470
Well,
see if this is of any use.
193
00:15:27,838 --> 00:15:27,837
What is it?
194
00:15:27,839 --> 00:15:32,169
It's a table of drops.
How much do you weigh?
195
00:15:32,770 --> 00:15:35,069
About 70 kilos.
196
00:15:35,870 --> 00:15:39,703
So, you divide 840 foot-pounds
197
00:15:39,705 --> 00:15:42,070
by the weight of the prisoner,
in this case 70,
198
00:15:42,072 --> 00:15:44,170
which means that you,
John Weber,
199
00:15:44,172 --> 00:15:46,670
would need five feet,
three inches of rope
200
00:15:46,672 --> 00:15:49,970
for a nice,
clean break.
201
00:15:49,972 --> 00:15:51,903
He was very good
at it, apparently.
202
00:15:51,905 --> 00:15:53,838
They relied on him,
calculating the drops.
203
00:15:57,805 --> 00:15:59,504
And how do you know this?
204
00:16:02,738 --> 00:16:04,104
You don't wanna ask.
205
00:16:06,473 --> 00:16:07,805
What else, Pierre?
206
00:16:10,672 --> 00:16:14,171
What struck me is
that these warders,
207
00:16:14,173 --> 00:16:17,171
they get to know the men
that they have to hang.
208
00:16:17,173 --> 00:16:20,971
They're their caretakers,
then they haul them out,
string them up.
209
00:16:22,139 --> 00:16:23,805
And this struck you, why?
210
00:16:25,673 --> 00:16:29,939
In a war,
you don't see
the enemy as people.
211
00:16:29,941 --> 00:16:33,139
You're shooting at uniforms,
not men.
212
00:16:34,906 --> 00:16:39,773
The only thing worse
than killing a stranger
is killing someone you know.
213
00:16:43,907 --> 00:16:46,240
Strangers are hard enough.
214
00:16:51,874 --> 00:16:54,040
You have to go
through all of these?
215
00:16:54,042 --> 00:16:57,706
Yes, these 32 men
who were hanged in
the last two weeks
216
00:16:57,708 --> 00:16:59,573
Leon was there.
217
00:16:59,575 --> 00:17:02,140
And what are we
looking for exactly?
218
00:17:02,142 --> 00:17:05,073
It might be useful
to find out something
about the men he hanged
219
00:17:05,075 --> 00:17:07,874
in the days
before the shooting.
220
00:17:07,876 --> 00:17:12,674
He developed a very
close relationship
with these men.
221
00:17:12,676 --> 00:17:15,074
How would you know that?
222
00:17:15,076 --> 00:17:19,775
My brother-in-law has contacts
in the prison system.
223
00:17:19,777 --> 00:17:21,041
He's a warder?
224
00:17:24,108 --> 00:17:29,575
Intelligence. Special Forces.
He spent three years
fighting in Angola.
225
00:17:30,675 --> 00:17:33,508
What's that got to do
with anything, John?
226
00:17:33,510 --> 00:17:35,842
Well, for one thing,
it means he knows
227
00:17:35,844 --> 00:17:38,141
first-hand what
killing does to a person.
228
00:17:39,676 --> 00:17:42,775
I'm sorry,
are we assembling evidence
229
00:17:42,777 --> 00:17:46,042
to support your
political pre-conception
about capital punishment,
230
00:17:46,044 --> 00:17:48,709
or are we trying to discover
the extenuating circumstances
231
00:17:48,711 --> 00:17:51,476
that might save Leon
from a death sentence?
232
00:17:53,077 --> 00:17:57,809
Something must have happened
to Labuschagne toward the end.
233
00:17:57,811 --> 00:18:02,109
These men all had
reasons for killing.
He must've had a reason.
234
00:18:02,111 --> 00:18:04,610
We need to find
out what it is.
235
00:18:04,612 --> 00:18:07,243
So, we're down to
wild hunches, then.
236
00:18:07,245 --> 00:18:09,210
Look,
i understand that a defense
237
00:18:09,212 --> 00:18:11,143
based on complete
mental breakdown
238
00:18:11,145 --> 00:18:13,709
doesn't succeed very often.
239
00:18:13,711 --> 00:18:15,909
But it's all we've
got at this stage.
240
00:18:17,844 --> 00:18:19,710
Unless you have a better idea.
241
00:18:23,478 --> 00:18:25,677
Do you have a better idea?
242
00:18:28,111 --> 00:18:29,910
No.
243
00:19:19,214 --> 00:19:20,480
Um...
244
00:19:23,514 --> 00:19:28,680
If it pleases my Lord
and my Lord's
learned assessors.
245
00:19:28,682 --> 00:19:30,214
Yes, yes, carry on.
246
00:19:31,514 --> 00:19:34,513
This is an extraordinary case
247
00:19:34,515 --> 00:19:38,980
in which the evidence
for the prosecution
is undisputed
248
00:19:38,982 --> 00:19:41,180
and the case for
the prosecution is,
249
00:19:41,182 --> 00:19:43,546
in a way, also
the case for the defense.
250
00:19:44,582 --> 00:19:47,047
On a murder charge,
the prosecution has to prove
251
00:19:47,049 --> 00:19:51,981
that the act was
both unlawful and intentional.
252
00:19:51,983 --> 00:19:55,481
We intend to prove
that there was no act
253
00:19:55,483 --> 00:19:58,814
to which the law attaches
legal consequences.
254
00:19:58,816 --> 00:20:02,181
Are you
suggesting there was no act
when we have seven bodies?
255
00:20:02,183 --> 00:20:04,181
My Lord is
entitled to be skeptical.
256
00:20:04,183 --> 00:20:08,715
The prosecution
has been at pains
to explain what has happened.
257
00:20:08,717 --> 00:20:11,181
We intend to explain
why these events happened
258
00:20:11,183 --> 00:20:15,048
and whether the accused
can be held
criminally responsible.
259
00:20:15,050 --> 00:20:17,048
Well,
you'd better explain
260
00:20:17,050 --> 00:20:19,014
very carefully
what the defense is,
261
00:20:19,016 --> 00:20:21,015
as I'm at
a loss to understand.
262
00:20:22,149 --> 00:20:25,049
How can you say
there was no act
263
00:20:25,051 --> 00:20:27,782
when you've admitted that
the accused killed
the seven deceased?
264
00:20:27,784 --> 00:20:29,882
With respect,
my Lord, the events
265
00:20:29,884 --> 00:20:33,015
at the quarry
are not in dispute,
266
00:20:33,017 --> 00:20:35,616
but the brutality,
the scale of the events,
267
00:20:35,618 --> 00:20:38,616
seven fit young men
killed by a single individual
268
00:20:38,618 --> 00:20:41,150
calls for closer scrutiny.
269
00:20:41,152 --> 00:20:43,950
The prosecution has adduced
no evidence of a motive,
270
00:20:43,952 --> 00:20:45,684
and there appears to be none.
271
00:20:45,686 --> 00:20:49,617
We intend to look
at the accused's
working conditions
272
00:20:49,619 --> 00:20:52,816
on death row,
inside maximum
security prison,
273
00:20:52,818 --> 00:20:54,850
and the events
that took place there
274
00:20:54,852 --> 00:20:56,749
prior to
the incidents at the quarry
275
00:20:56,751 --> 00:20:59,617
in order to find
the reason for his actions.
276
00:21:00,984 --> 00:21:02,517
Actions we believe
277
00:21:02,785 --> 00:21:04,851
were unconscious
278
00:21:04,853 --> 00:21:08,851
and triggered by
his traumatic
experiences as a warder.
279
00:21:15,619 --> 00:21:16,984
So,
280
00:21:17,985 --> 00:21:20,585
the defense is asserting
281
00:21:20,587 --> 00:21:24,252
that the accused's
working conditions
triggered these actions,
282
00:21:24,254 --> 00:21:28,651
that they were involuntary,
and therefore not
punishable by law.
283
00:21:29,553 --> 00:21:31,018
Correct, my Lord.
284
00:21:35,853 --> 00:21:38,952
This raises
matters of State security, Mr.
Weber.
285
00:21:43,853 --> 00:21:47,952
If I allow this,
i don't want any names used.
286
00:21:49,053 --> 00:21:52,586
Not of officials or inmates.
Not one.
287
00:22:25,821 --> 00:22:28,954
Listen, Labuschagne,
288
00:22:28,956 --> 00:22:34,721
when you're on the stand,
you'll talk,
you'll do as you're told,
289
00:22:34,723 --> 00:22:37,988
or you'll soon find yourself
back in your gallows
290
00:22:37,990 --> 00:22:40,021
with a noose
around your own neck.
291
00:22:47,122 --> 00:22:49,889
Mr. Labuschagne,
please tell
the Court how old you were
292
00:22:49,891 --> 00:22:52,188
when you first
joined the prison service.
293
00:22:59,523 --> 00:23:00,755
17.
294
00:23:01,256 --> 00:23:03,889
And why did you join?
295
00:23:03,891 --> 00:23:06,255
If you join
the police or prisons,
296
00:23:06,257 --> 00:23:08,822
you don't have
to go to the army.
297
00:23:10,090 --> 00:23:12,822
Why did you wish to
avoid the military?
298
00:23:14,757 --> 00:23:17,656
They sent you to
Angola to fight.
299
00:23:20,657 --> 00:23:23,656
Were you aware
that the warders
at maximum security prison
300
00:23:23,658 --> 00:23:24,857
performed gallows duties?
301
00:23:27,158 --> 00:23:29,491
No.
302
00:23:29,493 --> 00:23:32,556
So, you had no idea
what your duties would be
303
00:23:32,558 --> 00:23:34,123
when you first
arrived at maximum.
304
00:23:36,091 --> 00:23:38,190
No.
305
00:23:38,192 --> 00:23:41,557
Could you tell the Court
about your first day there?
306
00:23:42,525 --> 00:23:45,990
I was briefed on
the importance of secrecy.
307
00:23:47,124 --> 00:23:50,791
I was told not
to speak to anyone
308
00:23:50,793 --> 00:23:53,124
about anything to
do with the work
309
00:23:53,126 --> 00:23:55,591
we were doing
inside the prison.
310
00:23:57,025 --> 00:24:00,825
And if I did,
I'd be disciplined.
311
00:24:02,961 --> 00:24:05,725
My Lord,
is this detail necessary?
312
00:24:05,727 --> 00:24:09,059
We are here to shed light
on what occurred
on Magazine Hill,
313
00:24:09,061 --> 00:24:12,259
not to make public
the internal functions
of a government institution
314
00:24:12,261 --> 00:24:16,058
whose activities
might be confidential,
perhaps even secret.
315
00:24:19,493 --> 00:24:23,125
My Lord, the time
the accused spent
working on death row
316
00:24:23,127 --> 00:24:26,559
is central to
the defense's case
regarding his state of mind
317
00:24:26,561 --> 00:24:29,125
that day on Magazine Hill.
318
00:24:29,127 --> 00:24:32,559
We intend to lead
detailed testimony
319
00:24:32,561 --> 00:24:35,526
about
the accused's state of mind,
320
00:24:35,528 --> 00:24:38,160
in particular,
his circumstances at work.
321
00:24:43,961 --> 00:24:47,193
I'll allow it, Mr.
Weber, provisionally.
322
00:24:49,962 --> 00:24:49,961
Continue, please.
323
00:24:49,963 --> 00:24:55,693
What did you
experience on your first day
at maximum, Mr. Labuschagne?
324
00:25:08,561 --> 00:25:12,027
I was to accompany
the warrant officer
325
00:25:12,029 --> 00:25:13,695
to see seven men on the rope.
326
00:25:13,697 --> 00:25:15,161
"On the rope?"
327
00:25:18,195 --> 00:25:21,795
It's what we say for any prisoner under the death sentence.
328
00:25:24,829 --> 00:25:29,963
These seven were going up the next day to the gallows.
329
00:25:37,096 --> 00:25:39,928
Will you please tell the Court
330
00:25:39,930 --> 00:25:42,262
what happened
when you went
to see these men?
331
00:25:47,697 --> 00:25:52,263
The warrant officer said
I'd have to pick one
332
00:25:52,265 --> 00:25:56,763
as I'd have to
escort one of the men
to be hanged the next day.
333
00:25:58,764 --> 00:26:01,030
So, you were told
you were gonna help
334
00:26:01,032 --> 00:26:03,263
hang one of these
men the very next day.
335
00:26:07,131 --> 00:26:11,498
Sir, I'd rather you
picked one for me, sir.
336
00:26:11,500 --> 00:26:14,964
The new boy must pick one.
That's how it works.
337
00:26:23,065 --> 00:26:24,564
Hmm?
338
00:26:31,066 --> 00:26:33,031
Makhandla.
339
00:26:33,966 --> 00:26:35,764
Pick Makhandla.
340
00:26:41,066 --> 00:26:42,899
What's his name?
341
00:26:45,266 --> 00:26:47,132
What's his name?
Makhandla!
342
00:26:50,867 --> 00:26:52,565
Did the warrant
officer tell you
343
00:26:52,567 --> 00:26:54,065
what you were to
do the next day
344
00:26:54,067 --> 00:26:56,165
as an escort at a hanging?
345
00:26:58,666 --> 00:27:02,999
Just said to learn by
following and watching others.
346
00:27:05,100 --> 00:27:07,599
That was your first day?
347
00:27:07,967 --> 00:27:09,500
Yes.
348
00:27:11,234 --> 00:27:14,032
Tell the Court what happened
on your second day.
349
00:27:24,034 --> 00:27:26,501
Executions are at 7:00 A.M.
350
00:27:29,702 --> 00:27:31,801
We came for them at 6:00.
351
00:28:51,038 --> 00:28:52,571
Come on.
352
00:29:18,772 --> 00:29:20,105
Come.
353
00:29:25,573 --> 00:29:27,506
Were there any problems?
354
00:29:31,140 --> 00:29:33,772
Were there any problems,
Mr. Labuschagne?
355
00:29:38,240 --> 00:29:39,839
No.
356
00:29:39,841 --> 00:29:43,539
Everyone just does
what they're told, do they?
357
00:29:44,840 --> 00:29:47,806
They're taught to obey.
358
00:29:49,174 --> 00:29:51,640
What happens if
they don't obey?
359
00:30:12,742 --> 00:30:13,841
Come on.
360
00:30:42,643 --> 00:30:44,076
Do you have anything to say
361
00:30:44,078 --> 00:30:47,642
before the order of
the Court is carried out?
362
00:30:47,644 --> 00:30:51,976
Do you have anything to say
before the order of
the Court is carried out?
363
00:30:51,978 --> 00:30:56,108
Do you have anything to say
before the order of
the Court is carried out?
364
00:30:56,110 --> 00:30:59,809
Do you have anything to say
before the order of
the Court is carried out?
365
00:30:59,811 --> 00:31:03,176
Do you have anything to say
before the order of
the Court is carried out?
366
00:31:03,178 --> 00:31:07,276
Do you have anything to say
before the order of
the Court is carried out?
367
00:31:54,579 --> 00:31:58,079
I didn't wanna look at the rope, but I could smell it.
368
00:31:59,579 --> 00:32:02,912
It was like a wet doormat.
369
00:32:11,014 --> 00:32:12,646
A sound was in my ears,
370
00:32:14,514 --> 00:32:15,912
like water.
371
00:32:21,013 --> 00:32:22,979
I could feel my arm shaking,
372
00:32:24,247 --> 00:32:28,113
but I didn't know
if it was from me
or from the prisoner.
373
00:32:39,515 --> 00:32:43,747
Tell us in your own words
what you observed.
374
00:32:52,082 --> 00:32:54,648
Mr. Labuschagne,
the Court is waiting.
375
00:32:56,214 --> 00:32:59,147
Tell us what you
remember from that day.
376
00:33:01,915 --> 00:33:03,147
The noise.
377
00:33:04,982 --> 00:33:07,248
What did you see?
378
00:34:20,519 --> 00:34:22,684
Don't hold on so
tight next time,
379
00:34:23,685 --> 00:34:26,085
or he'll pull
you down with him.
380
00:34:26,087 --> 00:34:28,684
Then you'll look
like a puss, won't you?
381
00:34:44,686 --> 00:34:47,052
Did the warrant officer
say anything to
you after this?
382
00:34:49,053 --> 00:34:52,520
I was told
not to talk about the hanging,
383
00:34:52,988 --> 00:34:55,886
any hanging, to anyone.
384
00:35:00,987 --> 00:35:03,119
Did he say anything else?
385
00:35:03,121 --> 00:35:06,086
That I would
be doing this job
386
00:35:06,088 --> 00:35:09,152
two or three
times every two weeks.
387
00:35:11,255 --> 00:35:14,720
Two or three
times every two weeks.
388
00:35:14,722 --> 00:35:17,920
Did he offer any advice,
or counseling?
389
00:35:19,988 --> 00:35:22,153
No.
390
00:35:22,155 --> 00:35:25,888
Did he provide any training
for the work you were to do?
391
00:35:26,688 --> 00:35:26,687
No.
392
00:35:26,689 --> 00:35:30,588
Had you been assessed
or screened in any way
393
00:35:30,590 --> 00:35:32,754
to ensure you were
suitable for this job?
394
00:35:35,122 --> 00:35:35,121
No.
395
00:35:35,123 --> 00:35:38,721
Did the warrant
officer give you a choice,
396
00:35:38,723 --> 00:35:41,021
whether you were willing
to do this work, or not?
397
00:35:42,955 --> 00:35:42,954
No.
398
00:35:42,956 --> 00:35:49,054
Remind the Court
as to how many days
you'd been working at maximum
399
00:35:49,056 --> 00:35:51,688
when you were called upon
to hang these men.
400
00:35:55,056 --> 00:35:56,722
One.
401
00:35:57,290 --> 00:35:58,989
And you were how old?
402
00:36:00,789 --> 00:36:04,189
I said, I was 17.
403
00:36:10,057 --> 00:36:11,723
Still 17.
404
00:36:17,090 --> 00:36:18,523
Mr. Weber.
405
00:36:19,790 --> 00:36:20,856
Um...
406
00:36:20,858 --> 00:36:26,190
Would now be a convenient time
to adjourn, my Lord?
407
00:36:26,192 --> 00:36:28,056
The Court adjourns.
408
00:36:39,825 --> 00:36:41,590
Mr. Weber?
409
00:36:42,158 --> 00:36:43,957
Sorry.
410
00:36:43,959 --> 00:36:46,191
You asked if I
believed Leon when he said
411
00:36:46,193 --> 00:36:48,658
he had no memory
of the shooting.
412
00:36:48,660 --> 00:36:50,625
Memory is
an intellectual function.
413
00:36:50,627 --> 00:36:54,992
When you're completely swamped
by emotion,
the intellect can shut down.
414
00:36:54,994 --> 00:36:57,690
So, memory shuts down, too.
415
00:36:57,692 --> 00:37:00,957
They're upset.
They don't like seeing him
put through the wringer.
416
00:37:00,959 --> 00:37:03,291
They'll like it even less
if he ends up on death row.
417
00:37:03,293 --> 00:37:06,892
You'll have to force Leon
to recollect
things that are painful.
418
00:37:06,894 --> 00:37:10,125
Break him down,
make him cry even.
Then he'll talk.
419
00:37:10,127 --> 00:37:11,259
Hell, that's the problem.
420
00:37:11,261 --> 00:37:13,025
We have no idea
what he'll talk about.
421
00:37:13,027 --> 00:37:14,526
We're plunging
down a dark tunnel
422
00:37:14,528 --> 00:37:14,526
with no idea what's
on the other side.
423
00:37:14,528 --> 00:37:18,125
What's on the other side
may be the reason
why it happened.
424
00:37:18,127 --> 00:37:20,125
And if that reason is
racial or political,
425
00:37:20,127 --> 00:37:22,059
how's it gonna help
him beat the rope?
426
00:37:23,760 --> 00:37:26,559
How can you defend
that man, Mr. Weber?
427
00:37:27,693 --> 00:37:31,560
Ma'am, I despise
killing of any kind,
428
00:37:32,160 --> 00:37:33,860
lawful or unlawful.
429
00:37:33,862 --> 00:37:36,126
What about my son?
Thabo Mokoena.
430
00:37:36,128 --> 00:37:38,659
Why should he
get away with it?
431
00:37:38,661 --> 00:37:39,959
She is right, sir.
432
00:37:42,627 --> 00:37:44,859
That man must pay
for what he's done!
433
00:38:01,128 --> 00:38:04,728
Look at this one.
"Eben Christiaan Coetzee."
434
00:38:04,730 --> 00:38:08,728
Same age as Leon.
Had a daughter.
From a good home.
435
00:38:08,730 --> 00:38:10,828
Mild mannered by all accounts.
436
00:38:10,830 --> 00:38:12,995
Participated in
the rape of a black woman
437
00:38:12,997 --> 00:38:15,128
after pressure from
the others involved.
438
00:38:15,130 --> 00:38:17,027
All of whom were older.
439
00:38:17,029 --> 00:38:19,060
Then he snaps,
goes on a rampage,
440
00:38:19,062 --> 00:38:21,061
and takes the lead
in killing the victim.
441
00:38:21,063 --> 00:38:22,227
Why?
442
00:38:23,529 --> 00:38:25,561
I wouldn't know.
443
00:38:25,563 --> 00:38:28,928
Was he trying to
prove something
to the others?
444
00:38:28,930 --> 00:38:31,662
Was that the reason?
445
00:38:31,664 --> 00:38:35,128
We won't ever know. He's dead.
They hanged him.
446
00:38:36,930 --> 00:38:38,562
Yes.
447
00:38:38,564 --> 00:38:41,829
And Leon was his escort.
448
00:38:41,831 --> 00:38:45,730
He specifically requested
Leon be his escort.
449
00:38:47,130 --> 00:38:49,062
Why?
450
00:38:49,064 --> 00:38:51,063
I'm going home, John.
451
00:38:51,065 --> 00:38:52,963
We still have
the case
histories to go through.
452
00:38:52,965 --> 00:38:56,030
No. We're off on
some tangent here.
453
00:38:56,032 --> 00:38:58,962
These profiles,
they're not gonna tell us
anything about Leon,
454
00:38:58,964 --> 00:38:58,962
or why he did what he did.
455
00:38:58,964 --> 00:39:05,063
That woman,
the one who lost her son,
Mrs. Mokoena, she's right.
456
00:39:05,065 --> 00:39:07,530
You sit there
wringing your hands
over the death penalty,
457
00:39:07,532 --> 00:39:09,963
studying the case files
of the men who were hanged.
458
00:39:09,965 --> 00:39:13,897
But no one ever
remembers the victims.
Like this guy.
459
00:39:15,765 --> 00:39:19,597
Him and his accomplice
stabbed
the victim numerous times.
460
00:39:19,599 --> 00:39:22,531
No one remembers
that poor man
running for his life.
461
00:39:22,533 --> 00:39:24,898
Or this guy,
this bastard who burned
462
00:39:24,900 --> 00:39:27,764
his victim to death
in the boot of her car.
463
00:39:27,766 --> 00:39:30,164
No one remembers
that poor woman's suffering.
464
00:39:30,166 --> 00:39:32,164
Or any of these women
in any of these cases,
465
00:39:32,166 --> 00:39:34,532
who were raped and
strangled and beaten,
466
00:39:34,534 --> 00:39:36,632
had their heads
bashed in, stabbed,
467
00:39:36,634 --> 00:39:39,597
drowned in their own blood
in the arms of a son!
468
00:39:39,599 --> 00:39:42,164
No one remembers
their suffering.
And who organizes a protest,
469
00:39:42,166 --> 00:39:46,031
or delivers a paper at
an international conference!
470
00:39:51,900 --> 00:39:55,032
The reason is that
these men are animals.
471
00:39:55,966 --> 00:39:57,965
And when there's
a gang involved,
472
00:39:57,967 --> 00:39:59,899
reason goes out
the window altogether.
473
00:40:01,600 --> 00:40:03,833
The only thing
you can do with them
474
00:40:03,835 --> 00:40:06,033
is to get rid
of them for good.
475
00:40:11,001 --> 00:40:12,733
Pedrie, there's...
476
00:40:13,601 --> 00:40:15,901
There's something here.
477
00:40:15,902 --> 00:40:19,766
The relationships
that Leon formed
with the men he hanged
478
00:40:19,768 --> 00:40:22,633
have to had an impact on him.
479
00:40:27,934 --> 00:40:30,000
I need to go, John.
480
00:40:33,067 --> 00:40:34,600
Good night.
481
00:41:29,738 --> 00:41:31,670
Who's that?
482
00:41:31,672 --> 00:41:35,603
If that's who I think it is,
we're in for a rough ride.
483
00:41:40,204 --> 00:41:42,069
Please,
could you inform the Court
484
00:41:42,071 --> 00:41:43,936
as to how many
men were executed
485
00:41:43,938 --> 00:41:45,537
in your final year at maximum.
486
00:41:45,539 --> 00:41:47,837
Please consult
the execution register,
487
00:41:47,839 --> 00:41:50,070
which has been
submitted as evidence.
488
00:41:57,272 --> 00:41:59,571
164.
489
00:41:59,573 --> 00:42:02,204
164 hangings
in a single year,
490
00:42:02,206 --> 00:42:04,671
which was a record, I believe.
491
00:42:04,673 --> 00:42:04,671
Yes.
492
00:42:04,673 --> 00:42:07,938
And you were present
when these men were admitted
493
00:42:07,940 --> 00:42:10,804
and you were also present
when they were executed.
494
00:42:10,806 --> 00:42:11,971
Yes.
495
00:42:11,973 --> 00:42:13,672
At all
the executions that year.
496
00:42:13,674 --> 00:42:15,305
Yes.
497
00:42:15,307 --> 00:42:18,571
So, you would've come to know
these people
during their stay,
498
00:42:18,573 --> 00:42:20,838
or should I say,
"your stay at maximum?"
499
00:42:21,906 --> 00:42:23,771
Yes.
500
00:42:23,773 --> 00:42:25,704
How well did you
get to know these men?
501
00:42:26,606 --> 00:42:29,071
We spent all day with them.
502
00:42:29,073 --> 00:42:31,071
So, would you say that,
in some cases,
503
00:42:31,073 --> 00:42:33,672
you developed relationships
with some of these men?
504
00:42:37,840 --> 00:42:42,072
Let's pick
a prisoner at random.
505
00:42:42,074 --> 00:42:44,239
If you look down the list.
506
00:42:44,241 --> 00:42:46,840
Eben Christiaan Coetzee,
for example.
507
00:42:46,842 --> 00:42:48,907
We object, my Lord.
Once again, my learned friend
508
00:42:48,909 --> 00:42:51,873
is straying into matters
which are
deliberately kept confidential
509
00:42:51,875 --> 00:42:55,073
out of respect
for the families
of the executed prisoners.
510
00:42:55,075 --> 00:42:58,773
Yes, Mr. Weber. I've asked you
to keep the names out of this.
511
00:42:58,775 --> 00:43:02,640
My Lord, we have to use a name
in this instance
512
00:43:02,642 --> 00:43:04,973
as the prisoner,
before he was hanged,
513
00:43:04,975 --> 00:43:08,173
may have developed
a relationship
with the accused.
514
00:43:08,175 --> 00:43:12,873
Further, my Lord,
the evidence supplied
and the names thereon
515
00:43:12,875 --> 00:43:17,074
are a matter of public record,
not confidential at all.
516
00:43:25,543 --> 00:43:28,608
I've given
the defense a lot of leeway
in this case,
517
00:43:30,010 --> 00:43:33,308
far more than i
ever imagined I would
in a case like this.
518
00:43:34,643 --> 00:43:37,675
I expect the same solicitude
from the defense in future.
519
00:43:40,576 --> 00:43:43,842
Mr. Labuschagne, how well
did you know the prisoner,
520
00:43:43,844 --> 00:43:45,074
Eben Christiaan Coetzee?
521
00:43:49,576 --> 00:43:51,842
I read the Bible to him.
522
00:43:51,844 --> 00:43:54,875
To any prisoner
who requested it.
523
00:43:57,010 --> 00:44:00,743
Eben was 19
years old, correct?
524
00:44:02,177 --> 00:44:02,176
Yes.
525
00:44:02,178 --> 00:44:06,243
Eben had a wife and daughter,
and I believe
526
00:44:06,245 --> 00:44:09,010
you have a daughter,
don't you?
527
00:44:09,711 --> 00:44:11,043
Esme.
528
00:44:12,977 --> 00:44:14,810
You met his wife and daughter.
529
00:44:19,211 --> 00:44:21,910
They came to say
goodbye to him.
530
00:44:24,844 --> 00:44:28,577
I walked them
back to the car park
through the prison garden.
531
00:44:30,578 --> 00:44:33,744
And they thanked me
for looking after him.
532
00:44:35,312 --> 00:44:39,244
You believed
that Eben should
have been reprieved?
533
00:44:39,246 --> 00:44:44,077
Other men were reprieved,
so, why shouldn't he
have been reprieved?
534
00:44:44,913 --> 00:44:46,145
Did you tell him?
535
00:44:50,612 --> 00:44:52,312
I would've been dismissed.
536
00:44:52,314 --> 00:44:54,579
By the warrant officer?
537
00:44:55,013 --> 00:44:56,978
Over here.
538
00:44:58,614 --> 00:44:59,878
Order!
539
00:45:07,013 --> 00:45:08,312
Yes.
540
00:45:08,314 --> 00:45:10,878
So, you felt
Eben should have
been reprieved,
541
00:45:10,880 --> 00:45:15,079
but instead,
you were his escort
and you helped hang him.
542
00:45:16,880 --> 00:45:18,213
Yes.
543
00:45:18,215 --> 00:45:21,313
What were your
duties as Eben's escort?
544
00:45:26,881 --> 00:45:28,313
I measured his weight,
545
00:45:29,314 --> 00:45:30,980
height,
546
00:45:31,614 --> 00:45:31,613
neck.
547
00:45:31,615 --> 00:45:36,813
What was the purpose of all these measurements?
548
00:45:40,781 --> 00:45:43,880
To calculate the length of the drop.
549
00:45:43,882 --> 00:45:46,247
The length of rope required
550
00:45:46,249 --> 00:45:48,747
in order to assure he died instantly.
551
00:45:48,749 --> 00:45:50,547
You were responsible for that.
552
00:45:52,148 --> 00:45:53,947
Yes.
553
00:45:54,981 --> 00:45:59,214
If you calculated
Eben's drop incorrectly,
554
00:45:59,216 --> 00:46:01,948
he might not
have died instantly.
555
00:46:01,950 --> 00:46:03,548
He might've suffered.
556
00:46:07,949 --> 00:46:09,215
Yes.
557
00:46:11,650 --> 00:46:14,849
Quite a lot of responsibility,
isn't it?
558
00:46:17,983 --> 00:46:22,081
How long can it
take for a man to die
from strangulation,
559
00:46:22,083 --> 00:46:24,948
hanging there
with his neck broken,
560
00:46:24,950 --> 00:46:28,181
but enough oxygen
to allow
conscious brain activity?
561
00:46:38,284 --> 00:46:42,883
If you left him hanging there,
without hauling
him back up again,
562
00:46:43,918 --> 00:46:46,284
it could take as
long as 15 minutes.
563
00:46:48,951 --> 00:46:51,716
Rather like torture, isn't it?
564
00:46:51,718 --> 00:46:53,817
Mr.
Weber, I'm warning you.
565
00:46:53,819 --> 00:46:56,150
This is not
the time nor the place
566
00:46:56,152 --> 00:46:58,617
for a debate on
the death penalty.
567
00:46:59,717 --> 00:47:01,317
As my Lord pleases.
568
00:47:01,319 --> 00:47:05,117
Mr. Labuschagne,
please tell the Court
how you felt personally,
569
00:47:05,119 --> 00:47:07,183
measuring Eben's neck,
570
00:47:07,185 --> 00:47:09,317
when you'd gotten
to know him so well
571
00:47:09,319 --> 00:47:11,617
and felt he
should not be hanged.
572
00:47:21,952 --> 00:47:23,785
I didn't feel anything.
573
00:47:23,787 --> 00:47:28,552
What about when you were
on the gallows next to Eben,
574
00:47:29,653 --> 00:47:31,219
and the trap door opened?
575
00:47:32,186 --> 00:47:34,919
What went
through your mind then?
576
00:47:36,020 --> 00:47:37,719
I don't know what you mean.
577
00:47:37,721 --> 00:47:40,952
What thoughts
did you experience?
578
00:47:42,719 --> 00:47:44,052
None.
579
00:47:44,054 --> 00:47:45,752
When you met Eben
and his little girl,
580
00:47:45,754 --> 00:47:48,752
you were having
problems at home,
weren't you?
581
00:47:48,754 --> 00:47:51,185
Your drinking and fighting
had resulted in a separation
582
00:47:51,187 --> 00:47:54,920
from your wife, Magda,
and your own
little girl, Esme.
583
00:48:10,888 --> 00:48:12,220
Mr. Labuschagne!
584
00:48:12,222 --> 00:48:12,220
Nothing!
585
00:48:12,222 --> 00:48:19,221
I felt nothing.
I thought nothing.
I was just tired.
586
00:48:19,223 --> 00:48:23,920
Are you
telling us you felt nothing
inside after this man died?
587
00:48:27,154 --> 00:48:29,187
I was just tired.
588
00:48:29,189 --> 00:48:33,887
You had no thoughts,
no feelings,
589
00:48:33,889 --> 00:48:35,655
no emotions.
590
00:48:55,858 --> 00:48:57,589
Mr. Labuschagne,
are you all right?
591
00:48:59,124 --> 00:49:00,588
I'm not feeling well.
592
00:49:00,590 --> 00:49:01,855
My Lord, I'd like to press on.
593
00:49:01,857 --> 00:49:02,988
Are you feeling faint?
594
00:49:02,990 --> 00:49:02,988
I might be sick.
595
00:49:02,990 --> 00:49:06,722
My Lord.
My Lord, I'd like to
approach my client.
596
00:49:06,724 --> 00:49:09,956
Mr. Weber, if the accused
needs medical attention,
597
00:49:09,958 --> 00:49:09,956
the Court will adjourn.
598
00:49:09,958 --> 00:49:13,756
My Lord, I'm near the end
of this line of questioning...
599
00:49:13,758 --> 00:49:16,556
You are at the end, Mr. Weber.
600
00:49:17,857 --> 00:49:19,590
The Court is adjourned.
601
00:49:37,158 --> 00:49:38,925
How could you be so cruel?
602
00:49:38,927 --> 00:49:42,857
It is your job to protect him,
not to hurt him.
603
00:49:42,859 --> 00:49:46,557
My job is to defend him,
miss Labuschagne.
That's all I'm trying to do.
604
00:49:46,559 --> 00:49:49,291
You don't need to
abuse him to defend him.
605
00:49:50,025 --> 00:49:52,157
I'm sorry. I'm doing my best.
606
00:49:52,159 --> 00:49:54,925
You don't care if
he hangs, do you?
607
00:49:57,625 --> 00:49:58,958
I'll talk to her.
608
00:50:21,092 --> 00:50:22,659
Hello, Pierre.
609
00:50:22,661 --> 00:50:23,926
How's it?
610
00:50:23,928 --> 00:50:26,559
Well,
you didn't choose this place
611
00:50:26,561 --> 00:50:29,259
for the decor
or the clientele.
612
00:50:29,261 --> 00:50:32,625
Saw you on the TV
the other night,
leaving the Court.
613
00:50:32,627 --> 00:50:37,192
Being seen with you
is kind of a liability.
614
00:50:37,194 --> 00:50:42,160
So, we're reduced to
secret,
shabby assignations now.
615
00:50:44,994 --> 00:50:49,594
I can't get you what you want.
My source on
the inside has clammed up.
616
00:50:49,596 --> 00:50:53,561
They're taking
things more cautiously.
617
00:50:53,563 --> 00:50:56,094
Surely, there's something
on a warrant officer
618
00:50:56,096 --> 00:50:58,594
that's a matter
of public record.
619
00:50:59,762 --> 00:51:02,060
I just need to know
what I'm looking for.
620
00:51:02,062 --> 00:51:04,294
I cannot get a file
on the warrant officer.
621
00:51:04,296 --> 00:51:05,893
Or the other warders.
622
00:51:05,895 --> 00:51:10,727
Half these okes don't
even tell their wives
where they're working.
623
00:51:11,628 --> 00:51:13,627
Well,
we've got to find something
624
00:51:13,629 --> 00:51:16,094
or they'll hang him
within six months.
625
00:51:16,096 --> 00:51:17,727
They'll hang him
sooner than that.
626
00:51:20,162 --> 00:51:22,562
A warder who went through
the same ordeal,
627
00:51:22,564 --> 00:51:26,662
someone who liked him.
There must be
somebody who's on his side.
628
00:51:26,664 --> 00:51:30,262
And how the hell do you think
we got what we already have?
629
00:51:30,264 --> 00:51:32,695
Now you listen
to me, 'cause this
630
00:51:32,697 --> 00:51:34,862
is the last of it,
do you understand?
631
00:51:34,864 --> 00:51:37,663
And I'm not seeing you again
until all of
this shit is over.
632
00:51:40,196 --> 00:51:43,296
There was
a prison revolt, a riot,
633
00:51:43,298 --> 00:51:46,728
whatever you wanna
call it, on death row,
634
00:51:46,730 --> 00:51:48,795
his last day.
635
00:51:48,797 --> 00:51:48,795
And?
636
00:51:48,797 --> 00:51:54,296
And they hanged them, anyway.
And that's all
I've got for you.
637
00:51:55,898 --> 00:51:57,263
Wait, wait.
638
00:51:57,265 --> 00:51:58,963
Um...
639
00:51:58,965 --> 00:52:02,729
You know what it feels like,
killing. I don't.
640
00:52:02,731 --> 00:52:05,597
I need to know
what he remembers,
what he tries to block out.
641
00:52:05,599 --> 00:52:06,864
I can't get through
to him unless I know
642
00:52:06,866 --> 00:52:08,096
what's going on
inside his head!
643
00:52:08,865 --> 00:52:11,231
What did it do to you?
644
00:52:11,233 --> 00:52:12,797
You stupid doos.
645
00:52:20,032 --> 00:52:21,230
Pierre!
646
00:52:33,699 --> 00:52:34,997
Mr. Weber?
647
00:52:43,066 --> 00:52:44,865
Mr. Labuschagne,
consult the register
648
00:52:44,867 --> 00:52:48,265
for your last three days
at maximum, please.
649
00:52:56,301 --> 00:52:59,799
Tell the Court what happened
on the 8th of December.
650
00:53:02,799 --> 00:53:04,599
We hanged seven men.
651
00:53:05,066 --> 00:53:06,632
And on the 9th?
652
00:53:07,266 --> 00:53:09,232
Another seven.
653
00:53:09,234 --> 00:53:12,666
And on your
last day, the 10th?
654
00:53:12,668 --> 00:53:15,066
Seven more.
655
00:53:15,068 --> 00:53:18,833
Seven more.
21 men in three days,
656
00:53:18,835 --> 00:53:22,199
which, I understand,
was another record
number of executions
657
00:53:22,201 --> 00:53:23,633
for that amount of days.
658
00:53:23,635 --> 00:53:26,134
Yeah.
659
00:53:26,136 --> 00:53:31,701
Did anything unusual occur
during the executions
on your last day?
660
00:53:39,036 --> 00:53:41,900
Mr. Labuschagne,
tell the Court what happened
661
00:53:41,902 --> 00:53:45,167
on your last day at maximum,
the 10th of December.
662
00:53:48,268 --> 00:53:50,768
Did the prisoners
who were going up that day
663
00:53:50,770 --> 00:53:53,234
become difficult in some way?
664
00:53:55,702 --> 00:54:00,669
Mr. Labuschagne,
you told the Court
about your first hanging,
665
00:54:00,671 --> 00:54:04,268
now tell the Court about
what you
experienced at your last one.
666
00:54:08,104 --> 00:54:10,336
The warrant officer thought they'd been broken.
667
00:54:15,203 --> 00:54:16,336
But they weren't.
668
00:54:37,804 --> 00:54:39,170
Get him in there!
669
00:54:47,838 --> 00:54:50,604
Took another half dozen men to get them out.
670
00:56:03,007 --> 00:56:05,774
We were ordered to take them up in straightjackets
671
00:56:05,776 --> 00:56:07,707
and hang them like that.
672
00:57:14,077 --> 00:57:15,276
Don't touch him!
673
00:57:54,212 --> 00:57:57,778
What happened
after the hanging?
What were your duties then?
674
00:57:57,780 --> 00:57:59,879
Just a moment.
675
00:57:59,881 --> 00:58:03,946
Miss Marais,
the purpose of this
evidence is to show
676
00:58:03,948 --> 00:58:06,946
that the execution process
was traumatic for the accused.
677
00:58:06,948 --> 00:58:09,112
I'm sure the State
would admit to that by now.
678
00:58:09,114 --> 00:58:10,912
Is this correct, miss Marais?
679
00:58:13,080 --> 00:58:15,279
We are prepared to admit that.
680
00:58:15,281 --> 00:58:18,580
Is there any
need for more detail
in this area, Mr. Weber?
681
00:58:21,014 --> 00:58:21,013
It's damage control.
682
00:58:21,015 --> 00:58:25,580
They're trying to do to us
what we did to them.
683
00:58:25,582 --> 00:58:28,346
My Lord, we're grateful for
the concession by the State,
684
00:58:28,348 --> 00:58:30,846
but we're going to
have to lead this evidence,
685
00:58:30,848 --> 00:58:30,846
unpleasant as it may be.
686
00:58:30,848 --> 00:58:34,780
We're conscious of our duty
to avoid unnecessary evidence,
687
00:58:34,782 --> 00:58:37,180
but we are equally
conscious of our duty
688
00:58:37,182 --> 00:58:39,780
to present
the defense case fully.
689
00:58:43,849 --> 00:58:45,948
Mr. Labuschagne, continue.
690
00:58:46,815 --> 00:58:48,814
What happened
after the hangings?
691
01:00:28,886 --> 01:00:31,217
We tossed a coin to see
692
01:00:31,219 --> 01:00:33,685
who had to take them to the cemetery.
693
01:00:34,019 --> 01:00:35,618
I lost.
694
01:00:35,620 --> 01:00:36,851
Amen.
695
01:00:36,853 --> 01:00:38,018
Amen.
696
01:00:50,753 --> 01:00:52,153
Stop!
697
01:01:20,821 --> 01:01:22,220
Isaiah!
698
01:04:08,295 --> 01:04:10,061
What
happened when you got back
699
01:04:10,063 --> 01:04:11,828
to the prison.
Mr. Labuschagne?
700
01:04:13,796 --> 01:04:15,761
I fainted.
701
01:04:15,763 --> 01:04:20,095
And they took me to the medic.
702
01:04:21,697 --> 01:04:25,328
I had a bump on
the left side of my head
from the accident
703
01:04:25,330 --> 01:04:27,695
and I was
bleeding from my ear.
704
01:04:30,963 --> 01:04:32,928
Were you
offered any treatment?
705
01:04:34,629 --> 01:04:37,696
The medic gave me
a headache tablet.
706
01:04:41,029 --> 01:04:42,228
A headache tablet.
707
01:04:45,597 --> 01:04:47,796
What happened next?
708
01:04:47,798 --> 01:04:52,196
I came off duty,
and started for home.
709
01:04:52,198 --> 01:04:54,163
But the storm was really bad.
710
01:04:57,031 --> 01:04:59,863
What happened, Mr.
Labuschagne?
711
01:05:10,731 --> 01:05:15,064
All I can remember is how tired I was.
712
01:05:15,798 --> 01:05:17,331
How tired I was of everything.
713
01:05:22,098 --> 01:05:24,030
The minibus...
714
01:05:27,966 --> 01:05:29,864
There was almost
another accident.
715
01:05:46,032 --> 01:05:48,065
You remember what happened?
716
01:05:52,333 --> 01:05:54,932
Mr. Labuschagne, what happened
717
01:05:54,934 --> 01:05:58,332
after you nearly
had an accident
with the minibus?
718
01:06:26,068 --> 01:06:28,933
You followed them up the Quarry Road to Magazine Hill.
719
01:06:32,601 --> 01:06:36,200
Once you and the driver
reached the dead
end at the quarry,
720
01:06:37,268 --> 01:06:38,968
what occurred?
721
01:06:50,736 --> 01:06:52,368
I heard the trapdoors open.
722
01:06:52,370 --> 01:06:54,935
Can you say that again?
723
01:06:54,937 --> 01:06:58,169
I heard the sound of
the trapdoors opening.
724
01:07:00,170 --> 01:07:02,035
Proceed.
725
01:07:05,103 --> 01:07:08,735
Take your time.
Tell it slowly.
726
01:07:14,136 --> 01:07:14,135
I smelled the rope.
727
01:07:17,003 --> 01:07:21,302
Could taste
the smell of the rope
in my throat.
728
01:07:21,304 --> 01:07:26,003
The quarry, Mr. Labuschagne,
what occurred there?
729
01:07:36,004 --> 01:07:37,971
I can't remember.
730
01:07:40,805 --> 01:07:43,737
So, that's it,
you can't remember?
731
01:07:43,739 --> 01:07:45,737
Mr. Weber,
do you have anything else
for the defense?
732
01:07:45,739 --> 01:07:48,903
Mr. Labuschagne,
what happened next?
733
01:07:51,605 --> 01:07:52,937
What do you remember?
734
01:07:58,638 --> 01:08:00,171
Mr. Labuschagne!
735
01:08:00,173 --> 01:08:02,670
Mr. Weber,
this is highly improper!
736
01:08:02,672 --> 01:08:05,071
Will you return
to the bar at once.
737
01:08:12,839 --> 01:08:14,372
I'm sorry, my Lord.
738
01:08:14,374 --> 01:08:16,005
And so you should be.
739
01:08:16,007 --> 01:08:18,339
It should never happen again.
740
01:08:18,341 --> 01:08:21,672
Do you have any
other line of questioning
741
01:08:21,674 --> 01:08:24,305
for this witness at
this time, Mr. Weber?
742
01:08:35,773 --> 01:08:38,906
My Lord,
i have no further questions.
Thank you.
743
01:08:44,907 --> 01:08:46,306
Miss Marais.
744
01:08:47,641 --> 01:08:49,973
As the Court pleases.
745
01:08:49,975 --> 01:08:53,840
So, you say that
the execution process
and the work in the pit room
746
01:08:53,842 --> 01:08:56,607
upset you greatly.
Is that what you're saying?
747
01:08:58,375 --> 01:09:01,107
You have to speak up.
The evidence
has to be recorded
748
01:09:01,109 --> 01:09:04,074
and a nod or
a shake of your head
will not be recorded.
749
01:09:04,076 --> 01:09:08,840
Miss Marais is right.
Speak up and direct
your answers to us.
750
01:09:08,842 --> 01:09:11,707
So, you're saying
that the execution process
751
01:09:11,709 --> 01:09:15,207
and the work in the pit room
upset you greatly.
752
01:09:16,908 --> 01:09:18,207
Yes.
753
01:09:18,209 --> 01:09:19,974
But weren't you
playing the fool
754
01:09:19,976 --> 01:09:21,908
in all
the sections of the prison,
755
01:09:21,910 --> 01:09:25,075
including the gallows room,
the pit room,
756
01:09:25,077 --> 01:09:26,674
and even the chapel?
757
01:09:28,909 --> 01:09:30,874
No.
758
01:09:30,876 --> 01:09:33,241
Let me see if I can
give your memory a jolt.
759
01:09:35,042 --> 01:09:39,109
Can you recall
an occasion when you
gave a new warder a fright
760
01:09:39,111 --> 01:09:41,042
by putting white
chalk on your face
761
01:09:41,044 --> 01:09:44,276
and hiding in
one of the freezers
in the autopsy room?
762
01:09:49,009 --> 01:09:49,008
It wasn't me.
763
01:09:49,010 --> 01:09:54,109
But you smiled
when I reminded you
of the incident. Why?
764
01:09:54,910 --> 01:09:56,375
Don't know that I smiled.
765
01:09:58,010 --> 01:09:59,675
So, what is your answer?
766
01:10:01,043 --> 01:10:02,942
You remember the incident,
do you?
767
01:10:03,910 --> 01:10:06,176
I heard about it.
768
01:10:06,178 --> 01:10:08,276
You climbed up on the catwalk
769
01:10:08,278 --> 01:10:11,643
and scared prisoners
by making ghost noises.
770
01:10:16,178 --> 01:10:16,177
It's not true.
771
01:10:16,179 --> 01:10:20,677
You sprayed the other warders
with the hose
772
01:10:20,679 --> 01:10:22,143
while cleaning the pit room.
773
01:10:23,112 --> 01:10:25,311
Some of us got
wet while cleaning.
774
01:10:25,312 --> 01:10:27,743
You once put a lit cigarette
775
01:10:27,745 --> 01:10:31,943
in the mouth of
an executed prisoner
before closing his coffin.
776
01:10:33,144 --> 01:10:35,611
And the smoke leaked out
777
01:10:35,613 --> 01:10:38,210
with his family
there for the funeral.
778
01:10:41,745 --> 01:10:43,111
It wasn't me.
779
01:10:43,113 --> 01:10:45,044
All you have
to do is say yes or no.
780
01:10:45,046 --> 01:10:47,712
If any explanation is needed,
i will ask you
for an explanation.
781
01:10:47,714 --> 01:10:50,244
Otherwise, you can leave
your explanations for later
782
01:10:50,246 --> 01:10:53,112
when your
advocate re-examines you.
783
01:10:53,114 --> 01:10:56,845
And do not speak
to miss Marais.
Address your answers to me.
784
01:10:57,347 --> 01:10:59,045
You collected beads.
785
01:11:01,313 --> 01:11:02,379
No.
786
01:11:09,246 --> 01:11:12,945
New coffins arrived with lids
that came in two pieces,
787
01:11:12,947 --> 01:11:16,779
a head piece and
a longer body piece.
788
01:11:16,781 --> 01:11:19,946
So that you could
get your fingers
beneath the head piece
789
01:11:19,948 --> 01:11:25,646
to open the coffin,
they pre-set
little plastic beads
790
01:11:25,648 --> 01:11:27,246
beneath the lid, didn't they?
791
01:11:27,248 --> 01:11:31,280
Yellow ones,
green ones, white ones,
792
01:11:31,282 --> 01:11:33,747
and even little pink ones.
793
01:11:36,948 --> 01:11:38,647
They're washers.
794
01:11:38,649 --> 01:11:40,114
They're washers, you say.
795
01:11:42,215 --> 01:11:44,314
Yes.
796
01:11:44,316 --> 01:11:47,213
You collected these washers.
797
01:11:47,215 --> 01:11:49,180
You kept a washer
for every prisoner
798
01:11:49,182 --> 01:11:51,081
you escorted to the gallows,
didn't you?
799
01:11:55,215 --> 01:11:56,348
It wasn't like that.
800
01:11:56,350 --> 01:11:59,081
You kept one
washer from each coffin
801
01:11:59,083 --> 01:12:02,281
like notches on
a gunslinger's six-shooter.
802
01:12:02,283 --> 01:12:05,181
You did so because there was
a competition between warders
803
01:12:05,183 --> 01:12:09,015
to see who could
collect the most,
wasn't there?
804
01:12:11,983 --> 01:12:13,948
I was ordered to do the work.
805
01:12:13,950 --> 01:12:16,048
Please look at
this photograph.
806
01:12:17,783 --> 01:12:19,782
These are
the washers you collected
807
01:12:19,784 --> 01:12:21,749
before you were arrested,
correct?
808
01:12:21,751 --> 01:12:21,749
Yes.
809
01:12:21,751 --> 01:12:21,749
You kept these
washers in your drawer.
810
01:12:21,751 --> 01:12:27,315
This photograph was
taken at your house
when the police searched it.
811
01:12:27,317 --> 01:12:29,748
You'd placed
the washers from the 8th and
812
01:12:29,750 --> 01:12:31,948
the 9th on the string already,
hadn't you?
813
01:12:35,050 --> 01:12:36,382
You'll have to speak.
814
01:12:37,817 --> 01:12:38,949
Yes.
815
01:12:41,384 --> 01:12:43,283
I suggest to you
that your evidence that
816
01:12:43,285 --> 01:12:45,116
you were upset by
the execution process
817
01:12:45,118 --> 01:12:47,650
and the work you had
to do in the pit room
is just a facade
818
01:12:47,652 --> 01:12:50,783
and that, in truth,
you actually enjoyed the work.
819
01:12:59,985 --> 01:13:02,718
In fact, you got used
to this special work
very quickly, didn't you?
820
01:13:04,986 --> 01:13:06,317
The special work of killing.
821
01:13:15,085 --> 01:13:17,384
That must've made
you feel important
and powerful,
822
01:13:17,386 --> 01:13:20,317
knowing that you could kill
and not be prosecuted for it.
823
01:13:23,652 --> 01:13:27,118
No one except us
knew about
the work we're doing.
824
01:13:27,120 --> 01:13:29,619
So, how would that
make me feel
important or powerful?
825
01:13:29,621 --> 01:13:31,251
Don't ask me questions.
826
01:13:31,253 --> 01:13:33,018
You knew
you were immune
to prosecution,
827
01:13:33,020 --> 01:13:35,019
that you had
the blessing of the law,
didn't you?
828
01:13:36,720 --> 01:13:39,319
We didn't do the killing,
the hangman did.
829
01:13:41,120 --> 01:13:45,353
Yet you've told
the Court that you had to
pull prisoners up by the neck
830
01:13:45,355 --> 01:13:47,219
and drop them again,
haven't you?
831
01:13:48,620 --> 01:13:51,251
Yes, but we didn't actually
touch the prisoners.
832
01:13:51,253 --> 01:13:52,885
We only touched the rope.
It was what
833
01:13:52,887 --> 01:13:54,252
the warrant
officer told us to do!
834
01:13:54,254 --> 01:13:54,252
But you dropped them again
835
01:13:54,254 --> 01:13:58,353
so that their necks
would break cleanly,
didn't you?
836
01:13:59,920 --> 01:14:01,353
Yes.
So, in those cases,
837
01:14:01,355 --> 01:14:03,620
the executioner
pushed the lever,
838
01:14:03,622 --> 01:14:07,153
but his hand did not cause
the prisoner's
neck to break, did it?
839
01:14:07,155 --> 01:14:09,187
Your hands did.
840
01:14:09,189 --> 01:14:13,087
My Lord, with respect,
the question is
actually an argument
841
01:14:13,089 --> 01:14:14,953
and not a question
the witness can answer.
842
01:14:14,955 --> 01:14:18,354
You told us Mr. Labuschagne's
state of mind was relevant,
843
01:14:18,356 --> 01:14:20,220
and that every
bit of information
844
01:14:20,222 --> 01:14:23,355
that has a bearing
on his state of mind
is admissible.
845
01:14:23,357 --> 01:14:26,088
So,
I'd like to hear the answer.
846
01:14:26,090 --> 01:14:28,953
You physically
raised the prisoners
and then dropped them again
847
01:14:28,955 --> 01:14:30,621
so that they would die.
848
01:14:32,121 --> 01:14:32,120
Yes.
849
01:14:32,122 --> 01:14:36,088
When a prisoner's neck broke,
after the trapdoor had opened,
850
01:14:36,090 --> 01:14:39,754
you saw the executioner's hand
as the one that
had done the killing.
851
01:14:40,955 --> 01:14:42,954
Yes, it was his hand.
852
01:14:42,956 --> 01:14:46,288
So, by the same token,
when you hauled a prisoner up
853
01:14:46,290 --> 01:14:49,989
dropped him down,
and his neck broke,
854
01:14:49,991 --> 01:14:53,755
it was not
the executioner's hand
that did the killing, was it?
855
01:14:57,856 --> 01:14:59,389
I see what you mean.
856
01:14:59,391 --> 01:15:02,189
So, it was your hand
that did the killing.
857
01:15:02,191 --> 01:15:06,256
And it was your hand that
did the killing at the quarry,
too, wasn't it?
858
01:15:14,824 --> 01:15:16,656
You can't
remember what happened
859
01:15:16,658 --> 01:15:18,255
at the quarry,
is that what you say?
860
01:15:20,057 --> 01:15:22,123
But I've told you
what I can remember.
861
01:15:24,057 --> 01:15:26,156
You claim you have no memory
of the shooting.
862
01:15:26,158 --> 01:15:27,789
Is that how we are to
understand your evidence?
863
01:15:27,791 --> 01:15:29,390
But I can't remember!
864
01:15:29,392 --> 01:15:33,156
So, your defense
is not that you
didn't shoot them,
865
01:15:33,158 --> 01:15:35,890
but that you can't
remember shooting them.
866
01:15:35,892 --> 01:15:37,857
Is that how we are
to understand it?
867
01:15:37,859 --> 01:15:41,890
My Lord,
it's not for the accused
to answer questions of law.
868
01:15:41,892 --> 01:15:43,358
I alone can answer questions
869
01:15:43,360 --> 01:15:46,791
such as those proposed
by my learned friend.
870
01:15:57,292 --> 01:15:59,358
No more questions, my Lord.
871
01:16:03,892 --> 01:16:07,125
Mr. Weber, do you intend
to re-examine the accused?
872
01:16:14,927 --> 01:16:16,726
If it pleases my Lord.
873
01:16:23,793 --> 01:16:25,026
You killed them.
874
01:16:28,227 --> 01:16:29,792
Everyone knows that.
875
01:16:30,893 --> 01:16:32,093
Isn't that right?
876
01:16:38,060 --> 01:16:39,959
Isn't that right, Mr.
Labuschagne?
877
01:16:51,028 --> 01:16:52,660
I don't know.
878
01:16:55,961 --> 01:16:58,027
I mean, it must've been me.
879
01:17:04,962 --> 01:17:07,195
But I don't understand.
880
01:17:08,828 --> 01:17:13,994
Two years ago,
you were a school prefect
and active in the church.
881
01:17:13,996 --> 01:17:17,128
And now you're here in Court,
on trial for murder.
882
01:17:19,729 --> 01:17:21,128
How did that happen?
883
01:17:27,229 --> 01:17:28,895
I don't know.
884
01:17:28,897 --> 01:17:32,328
You were a husband, a father,
885
01:17:32,330 --> 01:17:35,162
but now neither your wife
nor your daughter will
visit you in the cells
886
01:17:35,164 --> 01:17:38,129
and they've not
attended Court, either,
have they?
887
01:17:48,330 --> 01:17:51,695
What brought
about this change,
Mr. Labuschagne?
888
01:17:58,163 --> 01:18:01,796
Tell us what happened,
the reasons you
fired those shots.
889
01:18:39,765 --> 01:18:41,298
Mr. Labuschagne!
890
01:18:45,299 --> 01:18:47,632
You were having problems,
weren't you?
891
01:18:47,634 --> 01:18:51,865
So, why didn't you go
to the warrant officer
and ask to seek for help?
892
01:18:51,867 --> 01:18:53,932
A psychiatrist
could've helped you!
893
01:19:05,067 --> 01:19:06,666
Why didn't you tell me?
894
01:19:09,301 --> 01:19:11,199
Before I started
hurting my wife.
895
01:19:12,233 --> 01:19:13,866
Mr. Labuschagne.
896
01:19:13,868 --> 01:19:15,332
Before I lost everything.
897
01:19:19,101 --> 01:19:21,066
Before I killed seven people!
898
01:19:21,068 --> 01:19:23,133
Mr. Labuschagne!
899
01:19:24,401 --> 01:19:25,966
Why didn't you tell me!
900
01:19:25,968 --> 01:19:27,233
That is enough!
901
01:19:27,768 --> 01:19:28,834
Bailiff!
902
01:19:28,836 --> 01:19:28,834
Why didn't you tell me?
903
01:19:28,836 --> 01:19:32,201
Remove the accused
from the dock.
904
01:19:38,801 --> 01:19:40,701
Order!
905
01:19:42,736 --> 01:19:44,167
If I'd known what
you were going to do,
906
01:19:44,169 --> 01:19:46,835
I would never have allowed
further questioning.
907
01:19:47,802 --> 01:19:49,202
Court adjourned.
908
01:20:45,270 --> 01:20:47,304
They pass these cases off
to the most junior advocates
909
01:20:47,306 --> 01:20:47,304
because no one cares.
910
01:20:47,306 --> 01:20:52,404
The judges hand
down death sentences
in the name of the law.
911
01:20:52,406 --> 01:20:54,738
And the prison officials say
they're just witnesses,
912
01:20:54,740 --> 01:20:57,070
it's the hangman
that does the killing.
913
01:20:57,072 --> 01:21:00,838
It's denial of responsibility
all the way down the line.
914
01:21:00,840 --> 01:21:02,271
What's the hangman's
excuse then?
915
01:21:02,273 --> 01:21:04,804
It's gravity's fault,
i suppose.
916
01:21:13,372 --> 01:21:17,305
Tell us in your own words what you observed.
917
01:21:20,805 --> 01:21:23,672
Mr. Labuschagne, the Court is waiting.
918
01:21:27,106 --> 01:21:31,306
What happened after you nearly had an accident with the minibus?
919
01:21:35,173 --> 01:21:39,706
The quarry, Mr. Labuschagne. Tell us what you remember.
920
01:21:39,708 --> 01:21:42,007
You followed them up the Quarry Road to Magazine Hill,
921
01:21:42,009 --> 01:21:44,906
and once you reached the dead end, what occurred?
922
01:21:47,074 --> 01:21:48,973
What happened, Mr. Labuschagne?
923
01:21:50,041 --> 01:21:51,673
What did you see?
924
01:21:59,141 --> 01:22:00,706
The noise.
925
01:22:28,943 --> 01:22:32,141
You'll lead
the inspection in loco, Weber.
926
01:22:32,143 --> 01:22:35,341
Frankly, I'm
surprised Kathleen consented.
927
01:22:35,343 --> 01:22:38,408
I would've expected
to close a case
like this by now.
928
01:22:40,209 --> 01:22:44,042
Well, thank you, judge.
929
01:22:44,044 --> 01:22:47,742
I'd like to start
by having the accused
930
01:22:47,744 --> 01:22:50,342
stand next to
the door of the bakkie,
931
01:22:50,344 --> 01:22:53,943
so that we can
measure the exact distance
from there to the minibus.
932
01:23:07,144 --> 01:23:10,076
I'd now like
the accused to raise his arm
933
01:23:10,078 --> 01:23:12,743
and point toward the minibus.
934
01:23:21,044 --> 01:23:25,210
Can we agree that the distance
is no more than 10 meters?
935
01:23:25,212 --> 01:23:28,211
Ten-and-a-half, I'd say.
- Anything else?
936
01:24:12,880 --> 01:24:14,146
Leon.
937
01:24:16,880 --> 01:24:18,413
Leon.
938
01:24:22,047 --> 01:24:23,279
Why did you bring us here?
939
01:24:23,281 --> 01:24:27,047
Judge,
we think this is the trigger
940
01:24:27,049 --> 01:24:31,246
for an unconditioned
response in him,
that he acted unconsciously.
941
01:24:31,248 --> 01:24:33,647
Something to do
with this door.
942
01:24:41,081 --> 01:24:43,413
J.P., we would like the Court
to take note of the
943
01:24:43,415 --> 01:24:46,680
winding and undulating nature
of the track
leading to the quarry.
944
01:24:46,682 --> 01:24:48,080
And the rocks in the roadway.
945
01:24:48,082 --> 01:24:49,813
It would
require a very conscious
946
01:24:49,815 --> 01:24:51,280
effort to drive
over such terrain.
947
01:24:51,282 --> 01:24:51,280
Noted.
948
01:24:51,282 --> 01:24:55,714
If there's nothing else, we'll
reassemble back at Court.
949
01:24:59,249 --> 01:25:01,848
Judge,
i have one further request
950
01:25:01,850 --> 01:25:04,215
before we
terminate the inspection.
951
01:26:00,018 --> 01:26:02,384
So, what are we here to see,
Mr. Weber?
952
01:26:04,785 --> 01:26:07,018
I wonder if
the warrant officer
would be kind enough
953
01:26:07,019 --> 01:26:09,817
to throw the lever
and release the trapdoor.
954
01:26:56,887 --> 01:26:58,686
Leon.
955
01:27:09,721 --> 01:27:11,121
Leon,
956
01:27:13,221 --> 01:27:15,886
what I did today...
957
01:27:17,655 --> 01:27:19,120
I just wanted to explain...
958
01:27:19,122 --> 01:27:20,754
I'm just so sorry...
959
01:27:23,955 --> 01:27:25,887
...for what I've done.
960
01:27:28,821 --> 01:27:30,754
I'm just so sorry.
961
01:27:41,989 --> 01:27:44,988
This list of names
962
01:27:44,990 --> 01:27:49,889
of men hanged
at maximum security prison
963
01:27:51,356 --> 01:27:56,288
might look like
any list of names
and dates and numbers.
964
01:27:57,722 --> 01:28:00,355
Nothing more than
an anonymous flock.
965
01:28:02,956 --> 01:28:06,056
But to Leon Labuschagne,
966
01:28:06,058 --> 01:28:09,123
these were real people
who entered his life.
967
01:28:11,057 --> 01:28:14,889
He processed them,
placed them in their cells,
968
01:28:16,090 --> 01:28:19,657
woke them,
saw that they were fed,
969
01:28:20,858 --> 01:28:24,890
took them to the showers
and the exercise yard,
970
01:28:25,291 --> 01:28:26,990
met their families.
971
01:28:28,991 --> 01:28:32,024
Searched them, touched them.
972
01:28:34,391 --> 01:28:39,657
Read their mail,
led their Bible studies,
and then,
973
01:28:41,025 --> 01:28:43,391
he took them to the gallows.
974
01:28:47,792 --> 01:28:53,391
Some he was made to kill
with his own hands.
975
01:28:53,393 --> 01:28:58,058
After which
he handled their dead,
naked bodies,
976
01:28:58,060 --> 01:29:00,125
and buried them.
977
01:29:02,359 --> 01:29:05,725
No, to Leon Labuschagne,
978
01:29:05,727 --> 01:29:10,026
this is not
an abstract list of names,
or an anonymous flock.
979
01:29:12,327 --> 01:29:15,025
But the list is incomplete
980
01:29:16,826 --> 01:29:19,091
because there's
a name missing from it.
981
01:29:22,760 --> 01:29:25,959
And that name is
982
01:29:25,961 --> 01:29:27,725
Leon Albert Labuschagne.
983
01:29:27,727 --> 01:29:29,292
That is ridiculous, Mr. Weber!
984
01:29:29,294 --> 01:29:33,292
Is it? He spent his whole time
locked in with them!
985
01:29:33,294 --> 01:29:35,826
He shared every moment
of their last days with them,
986
01:29:35,828 --> 01:29:37,259
and then he was
made to witness
987
01:29:37,261 --> 01:29:38,893
the gruesome
details of their deaths
988
01:29:38,895 --> 01:29:42,193
on a regular and
extended basis!
989
01:29:42,195 --> 01:29:44,993
He has been sentenced to death
as surely as all the others!
990
01:29:44,995 --> 01:29:47,027
That is
a ridiculous submission!
991
01:29:47,029 --> 01:29:49,360
It is not ridiculous, my Lord!
992
01:29:49,362 --> 01:29:51,861
What is
ridiculous is the denial
993
01:29:51,863 --> 01:29:54,127
of what we have
done to this young man!
994
01:29:56,727 --> 01:29:59,727
My Lord, gentlemen,
you cannot ask a man
995
01:29:59,729 --> 01:30:03,794
to be both
Shepherd and butcher
at the same time.
996
01:30:26,196 --> 01:30:28,095
Miss Marais,
997
01:30:28,097 --> 01:30:31,229
do you have a final reply
to the defense's argument?
998
01:30:36,829 --> 01:30:40,195
My Lord, gentlemen assessors.
999
01:30:42,363 --> 01:30:45,362
May I remind the Court
that this is a case of murder.
1000
01:30:47,230 --> 01:30:49,195
Murder seven times over.
1001
01:30:50,830 --> 01:30:53,829
And that the Court
should declare it to be such.
1002
01:30:55,364 --> 01:31:00,397
Leon Labuschagne,
trained in
the physical act of killing,
1003
01:31:00,399 --> 01:31:04,330
herded his victims
to a secluded area,
1004
01:31:04,332 --> 01:31:07,164
where he shot and killed them.
1005
01:31:09,198 --> 01:31:14,764
He has not been
a good witness,
but evasive and unresponsive.
1006
01:31:16,297 --> 01:31:18,664
And now he tries
the Court's indulgence
1007
01:31:18,666 --> 01:31:23,131
with a farfetched
and unconvincing effort
to save his own life.
1008
01:31:37,932 --> 01:31:40,032
J.P. Says
they won't give
judgment tomorrow.
1009
01:31:40,034 --> 01:31:42,132
They apparently
need another day.
1010
01:31:43,199 --> 01:31:45,198
Wonder what that's about.
1011
01:31:46,833 --> 01:31:50,066
Perhaps one of the assessors
might not agree with
the proposed verdict
1012
01:31:50,068 --> 01:31:53,399
and the judge would prefer
a unanimous decision.
1013
01:31:55,999 --> 01:31:59,666
So, they're just being
careful, taking their time.
1014
01:32:00,333 --> 01:32:01,999
Bad news for you, then.
1015
01:32:03,266 --> 01:32:06,932
They take longer
with a conviction
than an acquittal.
1016
01:32:11,434 --> 01:32:14,800
J.P. Will want to write
an appeal-proof judgment.
1017
01:32:18,001 --> 01:32:19,333
Have a good evening.
1018
01:32:19,335 --> 01:32:20,800
And you.
1019
01:32:25,201 --> 01:32:27,000
Nice closing argument.
1020
01:33:02,770 --> 01:33:03,935
You want to talk?
1021
01:33:17,970 --> 01:33:22,336
Anne says you
disappear quite often.
Sometimes for days.
1022
01:33:24,070 --> 01:33:27,036
What is this,
one of your
cross examinations?
1023
01:33:28,970 --> 01:33:30,770
Tell me what's
going on, Pierre.
1024
01:33:31,704 --> 01:33:33,936
We're alone.
You're drunk enough.
1025
01:33:36,704 --> 01:33:38,337
What does it matter?
1026
01:33:41,871 --> 01:33:44,170
You're not on down-time,
are you?
1027
01:33:44,172 --> 01:33:46,437
You're running
an op somewhere.
1028
01:33:53,872 --> 01:33:56,337
We bombed a house today.
1029
01:33:56,339 --> 01:33:58,404
Is that what you want to hear?
1030
01:34:03,905 --> 01:34:05,238
It's your job, right?
1031
01:34:05,240 --> 01:34:06,771
Yes, it's my job!
1032
01:34:08,272 --> 01:34:14,071
I serve this country.
It is my duty,
and that is why I do it!
1033
01:34:14,073 --> 01:34:17,139
So, why are you drunk
and in a State about it, then?
1034
01:35:07,108 --> 01:35:09,107
Mr. Labuschagne,
please stand up.
1035
01:35:22,275 --> 01:35:25,207
We are not united
in our findings of the facts
1036
01:35:25,209 --> 01:35:27,675
and there will be
a majority verdict.
1037
01:35:28,709 --> 01:35:31,408
I shall read
the judgment of the majority
1038
01:35:31,410 --> 01:35:35,741
and their verdict,
not the opinion of
the dissenting member,
1039
01:35:35,743 --> 01:35:37,875
will be
the verdict of this Court.
1040
01:35:39,376 --> 01:35:42,208
Mr. Labuschagne,
1041
01:35:42,210 --> 01:35:44,976
while your defense counsel
have put forward the argument
1042
01:35:44,978 --> 01:35:48,842
that your actions were not
conscious or voluntary,
as required by law,
1043
01:35:48,844 --> 01:35:52,742
this Court
finds you guilty of
murder as charged.
1044
01:35:53,877 --> 01:35:55,908
However, due to
the extraordinary events
1045
01:35:55,910 --> 01:35:57,876
that led to your
actions at the quarry,
1046
01:35:57,878 --> 01:36:02,276
the Court finds
extenuating
circumstances present.
1047
01:36:02,278 --> 01:36:04,909
You are therefore sentenced
to 20 years imprisonment
1048
01:36:04,911 --> 01:36:07,309
with the possibility
of early parole,
1049
01:36:07,311 --> 01:36:10,942
based upon your progress
in a program of
psychiatric treatment,
1050
01:36:10,944 --> 01:36:13,777
supervised by a State
appointed psychologist.
1051
01:36:47,279 --> 01:36:48,778
Well done.
1052
01:36:48,780 --> 01:36:53,445
Congratulations.
I wouldn't have thought
anyone could pull that off.
1053
01:36:56,946 --> 01:36:59,245
It won't be a popular decision
on either side.
1054
01:37:01,746 --> 01:37:04,246
Somebody once said,
"in the cycle of killing,
1055
01:37:04,248 --> 01:37:07,979
"there's no beginning or end,
just more killing."
1056
01:37:07,981 --> 01:37:10,945
Maybe we addressed
that on some level.
1057
01:37:14,114 --> 01:37:15,912
Take care.
1058
01:37:24,080 --> 01:37:25,813
Thank you, sir.
1059
01:45:43,768 --> 01:45:46,835
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