Note: Contextually the clip below is from Monday 7 Jul7 2014, the opening moments of the trial, the first thoughts and comments following the 'leaked video' trumpeted across media headlines, and sufficient to prompt a statement from Oscar's own defense team. At 01:37 Judge Masipa pertinently asks the Defence 'Mr Oldwage' if he wishes to make any submissions. Within the context of a leaked video the previous night, which contradicts their own expert witness' testimony (on Monday) and is in fact their own 'manufactured' evidence (and thus, in theory, a 'gift' to Gerrie Nel, but essentially a poisoned gift*).
How does Oscar's defence team respond (to the question of submissions on amendments to agreements between counsels, the media and the court):
Mr Oldwage: We have none, thank you My Lady.
*If Nel had mentioned the video footage, Oscar's defence could have cited this as privileged information (belonging to the defence) and on this basis along would have grounds for a mistrial, based on the sub judice rule.
I speculated on this on OFM radio on July 6 [listen from 1:12:40 onweards], and also communicated - via twitter -my intuitions to David Dadic, prior to the commencement of the trial. We prognosticated (correctly as it turned) out - check the time of those tweets:
that the leaked video would not even be raised by Gerrie Nel in court, for precisely the reasons provided here.
@HiRezLife yes I agree.Still haven't seen it, but he will have to be entirely sure of its probative value otherwise may just damage his case
— David Dadic (@DavidDadic) July 7, 2014
— Nick van der Leek (@HiRezLife) July 7, 2014