MR DU PLESSIS
Mr Commissioner I hear the question and that firstly towards the gun shots, it's - we have to go back into that specific situation where the crowd is storming onto this vehicle that was deployed, people are scared in the circumstances and it's indicated by Col Mkosana in his evidence that at some stage he heard at least two or three shots.  Now it's debatable as to the question whether Rifleman Gonya, in the same Buffel, would have heard the same shots.  Now with all due respect, we're working with human beings here, Mr Commissioner.  The one in his heart believes that he heard some shots and he conveyed that to his superior.  The other person in this same situation said no, he did not hear any shots at all.  It's my humble submission that in these circumstances, that it could not be argued that Col Mkosana in his right mind believed that when he said he heard shots, that there were no shots, just because Rifleman Gonya said he didn't hear shots.
	Furthermore concerning the radio communication, it was specifically asked to Rifleman Gonya during cross-examination as to certain aspects of the conversation he heard and he related to the Commission.  Certain aspects he was still sitting in the same position as to where he was previously seated and he did not hear that discussion.  I refer the Honourable Commission tot the specific situation where this - it was reported that some Rifleman was shot, that he didn't hear that clearly, he didn't hear where he was shot or how it came about, but he heard that if the crowd was past the trees, then you should shoot.  It's highly unlikely that if - or that even shows the same as previously, that if he hears this, but he doesn't hear the shot, therefore it is my humble submission, Mr Commissioner, that that aspect has to be dealt with in the situation as - that is how it prevailed according to this specific witness.
	As to proportionality to the force, it's indicated, Mr Chairman, that the situation that prevailed was that this crowd was storming to this Buffel and the question was put to the Commissioner, to Mr Gonya, and asked:  "What would have happened if you did not obey the order that was given to you?"  And he indicated that he would not have been alive or sitting here today and that pertains to the question that it, in my mind and it's my humble submission that the crowd was approaching at the speed that they did not know what was going to happen and they were fearing for their lives and therefore it's my humble submission that the force in this instance that was used, was the force that they in their minds, on the date of the incident, portrayed as being the necessary force to avert this action of the crowd, Mr Commissioner.