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These are the user uploaded subtitles that are being translated: 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 Captioned by deluxe 82271

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