ADV DE JAGER
The only fact is, we know that the body was in fact in a shallow grave.  I don't think we can dispute that.  The only question would be whether the applicant was present at the stage when the body was put into this grave and the trouble there is that both the applicant and the witness gave evidence that they left the scene together, in fact they walked up the path behind each other, so that's a difficulty.  The only other possibility is that the witness and some of his friends came back later and buried the body, but that's not his evidence, that would be mere speculation and we've got no basis for saying that because both said they left the scene together and so somebody's evidence here wouldn't be the truth and at this stage it seems as though the applicant didn't make a full disclosure in this regard because the objective fact was that the body was found in a grave and you submission is that, as far as I can understand it, is that that is not such a material fact, that amnesty should not be granted, although it may be that he gave false evidence, or even lied or made a mistake on this aspect, it's not material to the actual murder of the deceased.