ADV PRIOR
...(indistinct) he shot Mr Smit out a feeling of hatred towards him.  That was the evidence.  He may have said Letklapa said "shoot him", but that wasn't the compelling reason.  And then if I may just start my argument in an ordered fashion.
	This Committee must also decide properly, in terms of Section 20.3, whether Mr Gqomfa has satisfied those requirements.  Now he's told us about his motive, which was the liberation of Azania and that entailed the killing of white people across the board, because we know what he did in Heidelberg.  I submit that that can be distinguished in this particular case again.  And Mr Lax has already identified the difficulty in this case, and I will emphasise it as the question of gravity and proportionality.
	Now it can't be argued, and the Chairman has correctly pointed out they had no idea whether these occupants of this vehicle were military trained or not until they alighted and were running for their lives.  But how does one accept the veracity of the entire basis of the motivation of Mr Gqomfa when one of the occupants is a black person and must have clearly have been visible.  When the car was coming slowly across the Mayaphuti Bridge - we're seen the photographs, it's a narrow bridge, in fact there's a stop street on either side of the bridge, there could have been no doubt in Mr Gqomfa's mind that here in the car was a black person who the orders were not to kill.  But nevertheless they shoot at this vehicle in order to bring it to a standstill and they succeed, reckless or not, whether the black person who was not their target would be killed or not, and I think it was only a miracle that this person was not in fact seriously injured or killed. 	Then we deal with the situation that Mr Smit who was badly injured, was shot through the legs, the upper legs, was unable to get away, he crawls a distance away from the vehicle and he is in a sitting or crouched position next to the road when his attackers come up to him.  
	The Committee will recall that Mr Gqomfa, after some probing in cross-examination, conceded that the man may well have been pleading for his life before he shot him in the chest with a high-calibre and high-powered rifle.  Whether the shot of Mr Letklapa was necessary in the circumstances we don't know, possibly that was the coup de grace.  But in any event, my submission is that cannot be associated with any political objective or any known political objective as stated by Mr Gqomfa.
	Another aspect which this Commission cannot ignore, or this Committee cannot ignore, was whether the act, omission or offence was committed as part of any political uprising, disturbance or event or in reaction thereto.  This occurred during 1992 at a stage when all political parties were unbanned, they were all participating in the democratic process.  In fact it was not via the efforts of APLA that liberated this country, we all know as a fact that it was through negotiation and through parties sitting down and putting aside their prejudices and differences, that the democracy was born.
	The other feature that this Committee cannot ignore ...(intervention)