*He could have run to the balcony and screamed. He could have called security.
*He was reckless, acted in haste and used excessive force
*He had other options but chose to use a loaded gun
*He could have run to the balcony and called for help like he did after the shooting
*He could have called for help in less time it took to shoot through the door.
*He had reasonable time to reflect and think
*There was no explanation why Oscar didn't call security before arming himself and going to the bathroom.
*If he woke and found someone over him and opened fire, that would have been excusable conduct. Continue...
*Many people suffer from crime but not everyone sleeps with a firearm under their bed
*His conduct could be explained by looking at his past. But that does not excuse his conduct.
*Growing up in crime-riddled environment with a paranoid mother is just an explanation not excuse
*Many South Africans grew up in crime-riddled environment, they don't go about killing others
*Explains that the court must use the test of the reasonable man to determine whether Oscar was negligent.
*The test for negligence: weather a reasonable person would have foreseen the reasonable possibility of the consequence.
*Defense said conduct of Oscar was brought about by several factors like lack of burglar bars on windows
The court was adjourned and will resume at 9.30am tomorrow...
