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Dec.PRETORIA, South Africa - The chief defence lawyer in Oscar Pistorius
murder trial sought on Wednesday to undermine the prosecution testimony
of a couple who say they heard a womans screams and gunfire the night
the athlete fatally shot his girlfriend.
Lawyer Barry Roux said telephone records will show that the banging
sounds the neighbours heard were instead a distressed Pistorius hitting a
toilet door with a cricket bat to get to fatally wounded girlfriend
Reeva Steenkamp.
Charl Johnson and his wife Michelle Burger have testified to hearing a
sequence of events in the pre-dawn hours of Valentines Day last year
that involved a woman screaming, a man shouting for help and then the
sound of gunshots. Cross-examining Johnson on the third day of the
blockbuster trial, Roux says call records will show Pistorius called an
estate manager at around 3:19 a.m. and soon after he bashed in the door
with the bat.
In Johnson and Burgers testimony, they say they heard what they
described as shots straight after making a call to security at 3.16 a.m.
The similar times show the sounds were the bat on the door, Roux
argued.
"There is only one thing you could have heard, because it coincides
precisely," Roux said to Johnson. "That was the time that he (Pistorius)
broke down the door (with the bat)."
Johnson replied, addressing the judge: "My lady, I am convinced the
sound I heard was gunshots."
"I understand," Roux said in the exchange, suggesting Johnson had
convinced himself they were shots.
Throwing doubt on the witnesses recollection of the sequence is crucial
for Pistorius defence after the state maintained there was a loud
argument on the night he shot Steenkamp through a door in his bathroom
and screams and shouts before a gun was fired.
Pistorius team wants to show the screams were Pistorius calling for help
after the accidental shots.
After a break, prosecutor Gerrie Nel asked for permission to stand down
Johnson until Thursday to get more records. The judge agreed and the
case moved on to its fourth witness.
Pistorius, 27, has said he shot 29-year-old Steenkamp by accident,
fearing she was a dangerous intruder in his home. The case has
transfixed people around the world, and the proceedings are being
broadcast on television, adding to the scrutiny of South Africas
criminal justice system as well as the character of a globally admired
athlete whose career peaked when he ran in the 2012 Olympics.
Pistorius was born without fibula bones because of a conngenital defect
and his legs were amputated when he was 11 months old. Andrew Norwell Jersey. He has run on carbon-fiber blades and was initially banned from
competing against able-bodied peers because many argued that his blades
gave him an unfair advantage. He was later cleared to compete. He is a
multiple Paralympic medallist but he failed to win a medal at the London
Olympics.
Lawyer Roux earlier attacked the testimonies of Johnson and Burger by
also saying similarities in their accounts indicated that they had
aligned their versions at the expense of truth.
In his testimony Johnson told the court in Pretoria, the South African
capital, that he heard the cries of a terrified woman and shooting
around the time that Pistorius killed Steenkamp.
Johnsons wife, Burger, had given similar testimony and at one point
broke down in tears because of what she said was the memory of the
terrified screams of a woman.
Roux said there were differences between the statements that Johnson and
Burger had given to police after the shooting, and testimony that they
gave in court. Both the statements and the testimony shared
similarities, Roux said, implying that the couple had contaminated their
evidence by talking through what they were going to say.
"You could just as well have stood together in the witness box," Roux
said. "What do you say to that?"
The tart assertion drew a caution from Judge Thokozile Masipa, who told
Roux he had gone too far.
Roux contended that crucial elements in the testimony of the couple were
missing in their earlier comments to police, including the statements
that they heard a womans screams rising in anxiety and intensity and
that they heard the womans voice "fading" after the last in a volley of
gunshots.
Johnson suggested that he and his wife were more expressive while
testifying in court than when providing information for a police
document.
"I would venture a guess that its the way you verbally tell the story,"
he said. "Theres a lot more emotion involved ... whereas the statement
is more factual."
At the beginning of proceedings on Wednesday, prosecutor Nel said
Johnsons telephone number had been read out in court a day earlier.
Johnson then said he had since received a "large amount" of missed
calls.
He described one voicemail message as saying: "Why are you lying in
court? You know Oscar didnt kill Reeva. Its not cool."
___
Gerald Imray is on Twitter at www.twitter.com/GeraldImrayAP
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