140915OPJudgment

CC113/2013-mb 3288 JUDGMENT
2014-09-11
bed just after he had awoken to bring in two fans from the balcony and
to draw the curtains. He was therefore unaware that the deceased had
left the bedroom to go to the toilet.
Common cause facts or facts which are not disputed: The
following are common cause facts which relate to count 1 only. It is
common cause that:
- on 14 February 2013 shortly after 3 in the morning, screams were
heard from the accused’s house;
- that the accused, while on his stumps, fired four shots at the toilet
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door;
- that at the time the shots were fired the deceased was inside the
toilet;
- that the door of the toilet was locked from the inside;
- that the door of the toilet opened to the outside that is into the
bathroom;
- that three of the four shots struck the deceased;
- that the deceased sustained a wound on the right thigh, a wound on
the left upper arm, a head injury and a wound on the web of the
fingers and
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- that the deceased died from multiple gunshot wounds.
Also common cause is that:
- soon after the shots had been fired the accused called for help;
- that he used a cricket bat to break down the door;
- removed the deceased from the toilet to the hallway downstairs;
- that he was very emotional soon after the incident and
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