MR SIBEKO
Mr Chairman, the understanding that I got from the applicants' testimony was that when they parked their vehicle or the stolen or robbed vehicle, discussed, this Sierra approached and by that time in fact it is now common knowledge that the certain vehicle that is there, the Sierra, were not the police.  The incident occurred, that is the shoot out occurred between the occupants of the Sierra and the applicant and his comrades which was thereafter followed by the arrival of the police.  Mr Chairman, the testimony of the applicant is when he got an opportunity to take over Vusi's firearm, he fired whilst he was running.  Further his testimony is as a result of being shot he lost consciousness.  Mr Chairman, what we have is the version of the arresting officers and the version of the complainants or the witnesses to the safe break in.  Unfortunately we don't have that part of the applicant's version.  Why?  Because he lost consciousness.  He could have been - it could be true that the arresting time of the applicant is true but at the same time it could also happen that it's not true.  Why, because we have one untested version of the witnesses and the arresting officers.