MR MALAN
Mr Madasa, the construction that you're putting before us is the probability again of Fouche having planned the death of this gang, of the three male members of the gang.  Why would the applicant, having had access to Elsa, who's with the gang, who has infiltrated the gang, Fouche, who has infiltrated the gang, on all accounts, Joseph that he has contact with, living with Elsa, why would they not have planned some other opportunity, where only two more members of the gang were present, unarmed, to be arrested and investigated?  It's very, very difficult, on the basis of the facts, to accept that it would have been such an elaborate plan, assuming now the argument that Fouche indeed planned the killing, that the applicant would not have suggested a different plan, an easier one?  Why should we not also deduce that the applicant was in on Fouche's plan?