MR MALAN
Was the evidence of Kuala not that the implicated individual did not reveal his identity to him, knowing who he was, but that he recognised the implicated person, Qeda and that he first addressed him and only then did he see who the individual was.  Shouldn't one also read it against the backdrop of, in terms of his evidence, of the intention really to kill everybody there?  "I also have to kill you now", and he shot again, on the basis of his evidence, whoever that individual was.  I'm not necessarily arguing that the identity was correctly established, but that such an altercation did take place in some way or another in terms of the wounds inflicted and also in terms of the post mortem, the photographs, the whole Judgment which is part of the bundle.  It's very difficult.