CHAIRPERSON
Yes, if it was murder, I mean on those facts, let's just take the facts as given by the applicant, he's got this gun, it is handed to him, he says it is handed to him in the vehicle and with the instruction to threaten the driver.  He takes the gun, it is an automatic, he knows guns, he is trained.  He doesn't check it, he doesn't know whether it is loaded or not, but in the whole circumstances, it might be a reasonable conclusion to arrive at that he acted so grossly negligently or recklessly, that it could have been a form of dolus eventualis and even murder, as opposed to - it is a possibility.
	So although he says he didn't have the direct intention to kill him, the fact that he was handling this highly dangerous weapon in a situation which was very dynamic, to say the least, because the driver got a fright, he said the car got out of control, yet still he is holding this gun to the man's head, it goes off.  It might even be dolus eventualis as opposed to straight negligence, but in the applicant's own mind, it was a mistake, he didn't intend.  He didn't have the direct intention to kill him.  He might have had a legal intention to kill him.
	But I take the point that you are raising Mr Mpshe.