Day 13 - 112 Calls & Henri's injuries
Cast
Siraj Desai: Judge.
Botha: Advocate for the defence.
Susan Galloway: Prosecutor.
Janine Philander: 112 Emergency Services Call Operator.
Lizette Albertse: Medical Doctor who examined Henri that morning.
Summary
Emergency calls are played with Philander still on the stand. Philander maintains Henri acted strangely. The defence grills her on this and the Judge says the ER operator is experienced, but her testimony is opinion. Henri's stutter is discussed and the operator grilled some more for her interpretation of Henri's demeanour. Albertse is next on the stand to testify to Henri's injuries. She filled out the J88 and noted his injuries. She was asked by investigators whether the injuries could be self inflicted and deferred to answer, asking that such questions be put to a specialist. Henri's injuries are listed and Botha does well to show Henri was sober and drug-free when examined that morning and that his injuries could have been inflicted during the struggle.
Botha further asks if Henri could have concussed himself falling down the stairs, resulting in him passing out and wetting himself. Albertse agrees it is possible.
Recordings of all of the calls are available at this link.
Highlights
Clip being played.
"I need an ambulance"
Gives address. Provides telephone number.
Trouble as address is picked up in Milnerton. Henri sounds flustered.
Henri: A man attacked my whole family. My sister is moving. I don't think the rest are alive.
They have head injuries. I don't think they're conscious.
They ran away, family was attacked with an axe. I think I blacked out, I have just woken up.
Henri is now crying as he listens to the call.
Philander says when someone calls, they don't want to hear that you can't find me. They tell you you are going to find me where ever I am. I am not going to wait [anywhere else].
When people phone in, they ask things like ''what must I do?"
Henri is very emotional. Running fingers through his hair. Looks agitated.
Judge Desai says the ER testimony is opinion. He agrees she is experienced, but the court will decide if that is evidence or not.
Botha now on the cross: Botha - I can put it to you, my client as a child stuttered. He had to receive speech therapy. One can quite clearly hear him stutter.
Philander says she didn't pick it up.
Botha says he was taught technique is to concentrate on speaking slowly and clearly or else his stutter becomes more severe.
Philander says that sounds reasonable.
Botha - at the beginning of first clip, you heard my client giggle, making you suspicious of a prank call.
Judge Desai says he didn't hear a giggle, he just heard noise.
Botha - could it have been something other than a giggle?
Philander - it still sounds like a slight giggle.
Desai - you have categorised it as a giggle.
Philander - that is what it sounded like that day.
If Henri started shouting at her, it would have taken longer for him to communicate with her. Botha asks if she considered this.
She says if he had started shouting and screaming at her, it wouldn't have taken longer [to respond].
Botha asks "how on earth" this could that be the case if he was trying to remain calm and she didn't have to spend time to calm him down.
Philander says the way he answered set the tone of the whole call. She remained suspicious throughout.
Botha: Was it his fault call took so long?
Philander says yes. Normally caller in this type of emergency, sets the tone.
Lots more cross from Botha about the call, her response, his calmness. Boring testimony, but Botha works hard to show that Philander's interpretation of Henri is unfair.
Albertse takes the stand. She examined Henri at 11:30 that morning. She completed a J88 while he was present.
She noted his length, 1.84m, with normal build. She would describe him as a tall and big man.
Albertse noted injuries including scratches, a superficial knife wound, scratch above nipple, right leg had an old scratch, but she noted swelling and bruising. Swelling above left eye. She didn't see the injuries as serious. If she feels need for medical attention, she would tell police to do so. She didn't in this case.
When I filled in my form, relooked and thought the scratches I had seen would be better described as a cut.
A scratch tears skin. Cut would involve sharp object.
Injuries to head possible, but not knee
The knob on his head is blunt trauma. It wasn't sharp - blunt force.
Injuries to his back is an abrasion. Similar to grass burn
She was contacted by police to answer certain questions.
One was whether injuries could be self inflicted. Asked that it be referred to a specialist.
You noted him as very quiet, couldn't find clinical proof of drugs or alcohol. She agrees.
Once Dr Dempers did his tests on depth of wounds, came to 50mm. On the knife it looked clear that the edge of the knife still had blood on it, Botha says.
She noted 10mm.
Botha demonstrates how Henri would have struggled with an intruder and asks if his forearm injuries are possible in such a struggle. Albertse says she cannot say it did not happen that way.
Swelling above Henri's eye - small chicken egg size, Botha says.
Henri also went to see a private doctor that night, he also had two blue eyes, Botha says.
Botha says he fell while chasing down the stairs, and again when he was ascending and saw family members on landing.
Botha asks if it's possible that he was concussed after he passed out, resulting in him wetting himself.
Albertse says it's possible.
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