Mulbarton restaurant murder case: Rowland’s defence cross-examine Daniel Schwartz
The court waits for all the photographs that were taken at the scene.
DAY 2
During the second day of the trial on February 13, Rowland’s defence continued to cross-examine Daniel Schwartz.
But first Schwartz was taken by the officer of the court to commission his statement properly under oath.
Schwartz explained that he arrived at the restaurant around 17:15 and the incident happened around 18:00. Van Heerden put it to Schwartz that the police didn’t take his statement because he was shouting at them.
The court adjourned for a while when magistrate Habib said she believed Van Heerden was undermining her. This after Habib asked Van Heerden not to be loud and fast when questioning the witness. She said she needs to give the witness time to answer her questions and also allow her to listen and write the responses.
After adjournment, Habib addressed Van Heerden and Van Heerden apologised and said it was never her intention to undermine the court.
As the cross-examination continued, Van Heerden put it to Schwartz that the blinds were closed at the restaurant when the incident happened and showed him the photographs. She said on that day the sunset was at 17:41 and the police arrived at 19:10. She said this because Schwartz said he left the scene after about 45 minutes.
“If you saw the police arriving and putting the accused in the van at 20:30, this means you were at the scene more than two and half hours. The ex-police who took your statement to suit a narrative, to tell a certain story.
“The accused asked for his car keys from his girlfriend and he wanted her to leave the restaurant because she was flirting with you,” she said.
With a grin on his face, Schwartz denied that submission.
Van Heerden said the accused denied that he fired a shot the way Schwartz said he did. He said the shot was fired when there was a struggle for the firearm. He denied that he was in the restaurant and pointed the firearm and fired a shot. Also, the accused said he had issues with Schwartz.
The court also heard discussions of the way the benches outside the restaurant were positioned. The defence asked the court that they be provided with all the photographs taken on that day. The court adjourned for the prosecutor to furnish the defence with the photographs.
The hearing continues today, February 14.
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