MR SARDIWALLA
Chairperson, I think one must be very careful as far as this aspect is concerned, namely that my client has conceded that there has been an error as far as the target and what eventually happened, but one must look at it from what he perceived to be what he had to do and what he had in fact done.  Based on the information that the group of 20 had the night before, based on the information that everyone felt this cream-white vehicle was the vehicle that Makeke was seen driving in the area and the fact that he's transporting IFP people, based on an informed decision that they had taken, there was no talk that the owner was seen driving this vehicle, there was talk, and where this really came from one doesn't know because there was discussion around it before that decision was taken, that Makeke was the one that drives this cream-white vehicle.  They, on occasions, - but he was seen - the important thing is on one of the attacks he was seen driving that particular vehicle with members in it and it was seen in his mind and in the minds of that group as being the vehicle that Makeke normally drove and that was the vehicle that they had to ambush.  So he went with this particular picture in mind and armed with this information that, in his mind, and be it wrong, be it wrong, I'm not saying that it may be the correct impression,  be it wrong, but the impression in his mind clearly was that Makeke was the one that would be driving this cream-white vehicle and if we ambush it we're going to get Makeke, but it all went wrong completely.  It wasn't even Makeke.  It wasn't even IFP supporters that were sitting at the back, it was children.  But - in hindsight it was wrong, but if one looks at a situation and the subjective mind that was there in the applicant's,  in those circumstances, he was satisfied that he was now going to destroy Makeke.  In fact he said in his evidence that he believed that he now had shot and Makeke was there, nobody else, and that he had destroyed him and ran off.  That was what his evidence was and which is uncontested really as far as his version is concerned.