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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: 1442
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