What am I supposed to beThis is a preliminary examination.
00:31:50,927 --> 00:31:52,565
Not a regular trial.
00:31:52,727 --> 00:31:54,718
The purpose of this examination
Is only to find out
00:31:54,887 --> 00:31:57,879
Whether a crime has been committed,
And if so,
00:31:58,047 --> 00:31:59,799
Whether there is reasonable ground
To believe
00:31:59,967 --> 00:32:03,516
That the defendant participated
In the commission of that crime.
00:32:04,007 --> 00:32:05,520
If that's clear, we'll proceed.
00:32:06,007 --> 00:32:08,805
Mr. Burger,
You may open for the prosecution.
00:32:09,207 --> 00:32:11,675
Lieutenant Tragg, please.
00:32:15,047 --> 00:32:17,356
And, lieutenant,
You gave this weapon
00:32:17,527 --> 00:32:19,119
To the Ballistics Department,
didn't you?
00:32:19,287 --> 00:32:20,845
- Yes, sir.
- Did you try to trace it
00:32:21,007 --> 00:32:22,645
- through its serial number?
- Of course.
00:32:22,807 --> 00:32:23,922
What did you find?
00:32:24,087 --> 00:32:27,284
That the weapon had been sold
To one Mervyn Aldritch.
00:32:27,447 --> 00:32:28,721
Thank you.
00:32:28,887 --> 00:32:31,845
- Your witness.
- May I have the exhibit, please.
00:32:32,007 --> 00:32:33,998
Thank you.
Now, Lieutenant Tragg,
00:32:34,167 --> 00:32:36,123
I presume you questioned
this Mervyn Aldritch?
00:32:36,287 --> 00:32:37,276
Naturally.
00:32:37,447 --> 00:32:38,562
What statements did he make?
00:32:38,727 --> 00:32:41,002
Well, that he, uh, bought the weapon
For his protection
00:32:41,167 --> 00:32:43,522
- and that it was stolen.
- Now, just a moment.
00:32:43,967 --> 00:32:46,322
I think that evidence
Should come from Mr. Aldritch himself.
00:32:46,487 --> 00:32:50,446
Your Honour, as far as introducing
This weapon is concerned,
00:32:50,607 --> 00:32:54,282
it's only necessary to prove that it was
In the possession of the defendant,
00:32:54,447 --> 00:32:56,563
And that it was the weapon
That killed Harry Merrill.
00:32:56,967 --> 00:32:59,765
I'd like to hear
From the defence on that.
00:33:00,167 --> 00:33:02,317
The prosecution
hasn't proven the weapon
00:33:02,487 --> 00:33:04,557
Was in the possession
Of the defendant.
00:33:04,727 --> 00:33:07,195
You gave the weapon
To Lieutenant Tragg yourself.
00:33:07,367 --> 00:33:09,039
Lieutenant Tragg took it from me.
00:33:09,207 --> 00:33:11,482
In any case, I'm not the defendant.
00:33:11,647 --> 00:33:13,239
You were representing her.
00:33:13,407 --> 00:33:16,126
Your Honour,
I want to have it definitely established
00:33:16,287 --> 00:33:19,279
That this is the weapon
With which the crime was committed.
00:33:19,447 --> 00:33:22,405
Mr. Burger, do you have photographic
and ballistics evidence?
00:33:22,607 --> 00:33:24,643
Just one moment, Your Honour.
00:33:24,807 --> 00:33:26,877
The bullet from the body
Was too badly...
00:33:27,047 --> 00:33:29,083
What about the other one?
00:33:29,487 --> 00:33:32,524
Your Honour, the fatal bullet
Was badly mushroomed
00:33:32,687 --> 00:33:35,121
When it was taken from the body
At the time of the postmortem.
00:33:35,527 --> 00:33:37,882
You mean the fatal bullet
cannot be identified?
00:33:38,087 --> 00:33:39,281
I'm afraid not, Your Honour.
00:33:39,447 --> 00:33:41,483
But the prosecution can prove
That the weapon
00:33:41,687 --> 00:33:44,281
was in the defendant's possession,
That she had the motive.
00:33:44,487 --> 00:33:46,205
One moment.
00:33:46,447 --> 00:33:47,641
This weapon?
00:33:47,807 --> 00:33:50,446
- This gun?
- That's the one that you gave--
00:33:50,607 --> 00:33:53,644
I mean,
That Lieutenant Tragg took from you.
00:33:54,727 --> 00:33:58,686
Lieutenant Tragg,
are you sure this was the weapon?
00:33:58,847 --> 00:34:00,724
- Positive.
- Outside of the fatal bullet,
00:34:00,887 --> 00:34:03,526
Did you find any other bullets
that had been fired from this gun?
00:34:03,687 --> 00:34:05,200
- Yes, sir.
- Where did you find them?
00:34:05,367 --> 00:34:07,437
Well, one went through the hood
of the dead man's car
00:34:07,607 --> 00:34:09,757
And flattened
Against the engine block.
00:34:09,927 --> 00:34:13,556
Mr. Burger,
what about this second bullet?
00:34:13,727 --> 00:34:15,797
It can't be identified either.
00:34:16,007 --> 00:34:18,123
In other words,
Neither the fatal bullet nor the one
00:34:18,287 --> 00:34:20,198
Which went through the hood
Can be said positively
00:34:20,367 --> 00:34:21,925
to have been fired from this gun?
00:34:24,167 --> 00:34:25,520
No, Your Honour.
00:34:25,687 --> 00:34:28,759
But it's only necessary
To establish possession.
00:34:28,927 --> 00:34:31,521
And the gun
was in the defendant's possession.
00:34:31,847 --> 00:34:33,838
Just one moment.
00:34:36,527 --> 00:34:38,677
These are photographs
taken at the scene of the crime?
00:34:38,847 --> 00:34:41,680
Yes. Yes, sir.
00:34:42,647 --> 00:34:46,003
Your Honour,
I've studied these photographs.
00:34:46,167 --> 00:34:50,797
I ask you to take a good look
At, uh, this one in particular.
00:34:50,967 --> 00:34:53,117
What am I supposed to be
looking at, Mr. Mason?
00:34:53,287 --> 00:34:56,962
- That tree at the side of the road.
- Oh, yes.
00:35:01,847 --> 00:35:03,565
When were
these photographs taken?
00:35:03,767 --> 00:35:05,962
Date: 2016-03-03; view: 1253
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