SISI KHAMPEPE
But doesn't your client, Mr Lourens, have a serious problem with regard to the shooting of the gardener, because the gardener had not actually seen him?  There is no evidence that the gardener had observed him.  At no stage had the gardener actually come closer to Mr Maxam.  According to the evidence of Mr Ndinisa, Mr Maxam was about 30 paces away from the gardener and could not have had an opportunity to observe him well.  So the fear of being identified by the gardener becomes a little worrying.