people in cambodia's khmer rouge are found guilty. we'll get news from the killing fields. closing arguments in the oscar pistorius murder trial are set to begin in 30 minutes. we'll bring you live coverage. and as the cease-fire holds between hamas and israel, our john vause digs deeper into claims that hamas launched rockets from residential areas. hello. welcome to our viewers in the

united states and around the world. i'm max foster in london. we're now day three of the cease-fire between israel and hamas and all efforts are focused on how to make it last longer. an unnamed israeli official says israel is on board for extending the truce. they say such talk is premature. both sides are meeting in cairo again today. speaking through egyptian mediators. meanwhile, u.s. president barack obama says both sides must find a way forwards. >> i have no sympathy for hamas. i have great sympathy for some of the work that has been done in cooperation for israel, the international community by the palestinian authority. they've shown themselves to be responsible. they have recognized israel. they are prepared to move forward to arrive at a two-state solution. i think they're sincere in their

desire for peace, but they have also been weakened, i think, during this process. >> cnn's correspondent matthew chance is following the situation live from jerusalem. the way the president expresses his words shows how delicate the negotiation process is. >> reporter: that's right, it is very delicate, indeed, and there have been no results as far as we can ascertain from the negotiations that have been taking place from the egyptian capital, cairo, not through face-to-face negotiations but through mediators. they're telling us israel is prepared to extend the unconditional cease-fire that's been in force for 48 hours. it's in force for another day. they're extending that. hamas said they're not ready to discuss an extension. even though it's possible this could happen, if it were a lasting cease-fire i think it's

pretty much recognized it has to be a political solution. that's why all of these parties have gathered in cairo to discuss the longer lasting political settle am. the problem is with that, both of the sides, palestinians and israelis have come in with different perspectives. on the one hand, israel wants hamas to disarm and on the other hand hamas saying, look, we want the borders to be opened up and the blockade of gaza and the products going into gaza to be lifted to give people a bit more ordinary sense of life. so they've got these two very different perspectives and at the moment they may remain very far apart, max. >> in terms of gaza and the recovery effort there whilst the cease fire continues, is aid getting in? are they managing to at least start rebuilding their lives? >> reporter: well, i'm not in gaza. it's difficult for me to say but, yes, it's our understanding that aid is getting in.

humanitarian supplies in particular. there are numerous trucks that have been filmed through gaza through the checkpoints carrying medicine and, you know, shelter materials, food, things like that because of how dire the humanitarian situation is there. in terms of people getting back to their lives, it's going to be a long process before that happens. remember, much of gaza now has been devastated by these four weeks of intensive barrages from the israeli military in response to these rocket attacks that have been fired from them and the tunnels that have been dug from gaza to various places. and, you know, before people in gaza can start the process of getting back to anything resembling a normal life, the process of reconstructing gaza and dealing with the humanitarian needs has to be dealt with, max. >> matthew, thank you very much, indeed. israel has come under heavy criticism for the high death toll but israel holds hamas

responsible. john vause shows us new video that goes to the heart of the controversy. >> reporter: for almost a month israel focused much of its fire power here, on the northern gaz xan town devastating entire neighborhoods. this family is living in the ruins of what's still standing of their home. >> this is my room with my sisters. >> reporter: israel is a few miles away. they say israel used homes as cover to fire off hundreds of rockets, but when i asked nadia kafana -- >> reporter: why? why would they hit this area? hamas rockets? >> no. no. no. no. never, never, never, never. >> >> reporter: no hamas fighters? >> never. >> reporter: never saw one? >> never. never. >> reporter: but in gaza city reporters from france and india have shown at least one rocket launcher located in a residential area. it's a small vacant land

surrounded by hotels where many foreign reporters are staying. a u.n. builder is close by. children are seen playing on launched, the site where the reporter for france 24 ducked for cover last week when a missile was fired overhead. other reporters who tried to get close, including from cnn, have been warned off and told this is now a closed military area. and the militant group islamic jihad has posted this video on its website showing how rocket launchers can appear from almost nowhere. fire and then disappear. the israeli military says the most effective way to destroy the rockets and their launchers often means destroying the homes where they're hit, which is why residents are given a warning usually minutes before a strike. this area was repeatedly hit by israeli tank fire as well as artillery rounds. they also called in airstrikes. this is the end result of a missile fired from nf 16, a

crater in the ground. it's about 6 meters, 20 feet or so deep. totally destroyed this home. israel says with much of hamas's military capability destroyed, it's mission accomplished. hamas claims victory because it's still standing after a 28-day pounding. while it may not be clear who won this round, it is obvious who lost. john vause, cnn, gaza. palestinian leaders are disputing this new video evidence. the palestinian ambassador to the u.s. says he does not know the circumstances of the particular rockets -- the rocket launchers shown in that report and while he admits there have been instances portraying that this was the rule and not the exception is not a fair representation. oscar pistorius is back in court today. these are live pictures of the south african olympian arriving at the pretoria house.

actually, they've just come in. they are the latest pictures that you have in the last couple of minutes. closing arguments in his murder trial are set to start any minute. the prosecution will begin followed by the defense. each side is expected to take a day to make its case. we'll bring you live coverage from pretoria a little later in the program. europe's first own patient arrived in spain a short while ago. here's a look at the plane that transported miguel hyras to a military airbase in madrid. he's a spanish priest that contracted the virus in liberia. the air bus is specially equipped. he'll be treated at a madrid hospital. the highest possible alert is in effect. the u.s. centers for disease control and prevention as the ebola virus spreads.

the world health organization says the overall confirmed probable and suspected death toll in western africa is now 932. nearly 1/3 of those deaths are in liberia where the president has declared a 90-day state of emergency. nigeria now has two confirmed deaths. the league of state's health commissioner is appealing for outside help to avert a possible epidemic. >> we need volunteers now. they are extremely necessary to assist us in tracking the contacts, more importantly, to manage those cases that are already in isolation. so we need doctors. we need nurses, and mental health workers. >> health officials say it's difficult but not impossible to stop the spread of the ebola virus. in this exclusive report cnn's dave mckenzie visited a medical facility in sierra leone where

new safety procedures were in place. >> reporter: to try to stem the deadly ebola spread through sierra leone, they've set up these check points and they're doing specific things to mitigate the risk. one is the people coming through, everybody has to wash their hands in a chlorine solution like this. ebola is a deadly disease, but it's not that sturdy so this will probably kill it if it's on your hands. you come through here, you need to get your temperature taken. 36.6 so i'm all right. what do i do next? i can go out. he says i must be careful. stopping the spread of ebola is so crucial, both for sierra leone and for regional concerns. i want to show you why this is so difficult. this area here is just brimming with trade, and it's in a region where three countries meet. the kissi triangle.

people aren't just moving here, they're obviously just moving on foot power and through the bush all the time. it's next to impossible to effectively stem the flow if people who have the disease haven't been found out. even with these measures being put throughout the country, it's extremely difficult to stop the flow of this deadly outbreak. david mckenzie, cnn, sierra leone. coming up next, an historic moment for cambodia. two former leaders of the khmer rouge regime finally face justice. some say it's too little too late. the kremlin fights back. vladimir putin bans products coming in from certain nations. we'll go live to moscow. or even give you your saturday back? the new snapfix app revolutionizes local service. just snap a photo and angie's list coordinates a top-rated provider to do the work on your schedule.

the app makes it easy. the power of angie's list makes it work. download snapfix for free. turning now to the continuing crisis in iraq, which is largely been overshadowed by

the violence in gaza. in mosul an iraqi official said an airstrike killed 76 people. the building targeted was used by the militants as a temporary detention center, however, local authorities say the strike killed dozens of civilians who oppose isis. cnn was unable to get a response from the iraqi military on those claims. isis has zero tolerance for religious beliefs outside the interpretation of islam. that's forced many to flee. one community are called devil worshippers are especially threatened. michael holmes reports. >> reporter: islamic state militants have wreaked havoc across iraq leaving many iraqis dead, others displaced, and religious minorities like the yaziti begging for help.

>> reporter: the yaziti are descendents of kurds but consider themselves distinct. they derive from zoro estronism. they're forcing islam or death throughout the areas it overtakes. >> translator: we heard sounds of mortars, and in the morning the islamic militants entered. we fled to the mountains. those there are suffering from thirst. we have no water. they took the girls and raped them. they said the yazidis have to be

converted to islam. >> reporter: their plight doesn't stop there. in the mountains they're strapped without food or water in the summer heat. >> translator: they have blocked the road to the mountains and the road down the mountains. there is no water and people are now dying from thirst. children are dying and are being buried under the rocks. >> reporter: with no relief in sight, the yazidi are hoping their plea for help does not fall on deaf ears. kurdish officials are pleading for help from the united states and nato. their fighters have been engaged in heavy fighting with isis. they say the militants have made advances in their territory and assistance is needed to send the threat into retreat. >> this is something way beyond the capacity of the iraqi air forces. we need the united states and nato to interfere because we are fighting on behalf of all of

those who are against terrorism, and i believe the united states has a moral responsibility to support us because this is a fight against terrorism and we have proven to be pro democracy process and pro secularism. now it's a guilty verdict for two senior khmer rooj leaders. they've held down life sentences. attorneys say they will file appeals. the men both in their 80s were accused of crimes against humanity for their roles in the khmer ruj rein of terror. >> the chamber finds that as a consequence of the crimes of which they have been accused have been convicted, the civil parties and a very large number of victims have suffered in miserable hand, including physical suffering, economic

loss, loss of dignity, psychological trauma, and grief arising from the loss of family members and close relations. the khmer rouge is responsible for one of the worst mass killings in the 20th century. under communist leader they ruled from 1975 to 1979. the regime forced millions of people to work in labor camps. nearly 2 million people were killed or died from disease, malnutrition, and overwork. now they're the first and the highest ranking regime leaders to face justice. the khmer rouge leader died before he could be brought to the courts. the executive director of the documentation center in cambodia joined us live from pen ham pen. it seems extraordinary these are the first two leaders to be convicted. >> good afternoon.

>> why has it taken so long for a conviction? >> well, i mean, you know, not a single day that a survivor forgot justice. it has taken a year before all of this happened today. each day we expected this. we wanted them to be arrested. so today i think the question has been answered even though for so many the verdict has provided a very solid foundation so we can move. it's the beginnings of a long road, of a journey to justice in cambodia. >> and in terms of the two men that we see in the court, what were their specific roles as far as you know? >> well, one of them was the -- they both were part of the

community responsible for policy that cost the life, 2 million in cambodia die of disease, lack of medicine, in '79. they share responsibility. they're accused of the dignity here. some are acting party. >> they say they're going to repeal. have they got any chances of a successful appeal, do you think? >> i don't think so. i mean, the survivor having been imprisoned for years without a chance of being released is already convicted having seen them die in prison after being convicted. having seen them in prison after being convicted, they can appeal so much they like, but the life

sentence that has been put forward by the judge today, people want them handcuffs over their dead body. i think it is very clear that you can appeal, a fair trial, but in the eye of the survivor this is finished. >> youk chan, thank you very much for bringing us the story in cambodian history. >> thank you. oscar pistorius is back in court. stay here for complete live coverage.

victims of malaysia airlines are being remembered in malaysia where it's a national day of mourning. ♪ ♪ a memorial service at saint

patrick's cathedral in melbourne for grieving relatives are joined by australia's top leaders. they lost 298 people where that passenger jet was shot out of the sky over eastern ukraine. meanwhile, the search for crash victims has been suspended. the prime minister says heavy fighting in eastern ukraine has made that recovery mission too dangerous. so far 238 could have fins with human remains have been sent to the netherlands but it's unclear when searchers might return to the scene. the head of that dutch team said small arms fire came very close to crash site investigators. constant shelling was heard north of donetsk late on wednesday as ukrainian forces tried to take back control of the city from pro russia separatis separatists. there are mounting fears that the fighting could soon involve russia as well. u.s. president barack obama says western sanctions are putting enormous pressure on

russia's economy. this after russian's president delivered a response to the economic penalties over ukraine. phil black joins us from moscow. everyone's still concerned, we talked to you about it yesterday, this general concern that russia may be moving in to ukraine. have we got any more information on whether that's likely? >> reporter: not information as such, max, but the russian government has really denied it in very strong terms. really accused the west, the u.s. in particular, of using unreasonable exaggerated rhetoric in trying to beat up this threat that the u.s. says could exist. u.s. doesn't claim to know russia's motives, but it is concerned about possibilities here. the u.s. concern is that there is the possibility that this troop buildup is large enough and effective enough with the capabilities to move into ukraine very quickly. russia is saying the buildup isn't anything like the u.s. makes it out to be nor is there the intention to do so.

so, two very different versions of the truth as there has been so often throughout this conflict, this crisis, but russia insisting that, no, it has no intention of moving into ukraine. certainly i don't think on the u.s. side there is a concern that russia is thinking about grabbing a piece of ukraine or another piece of ukraine like it did in crimea earlier this year. so surprised was the u.s. and the community by crimea back in martha it's very clear. they're not taking any chances. they're not going to necessarily trust russia at face value when it comes to any sort of military maneuvering this close to the ukrainian border, max. >> they're punishing them with sanctions but moscow really shirking them off and imposing their own sanctions. >> well, russia potentially hitting back pretty hard here. yesterday president putin signed this decree which in theory has the ability to ban all imports of agricultural goods from

countries that are now sanctioning russia. if this was fulfilled to its absolute potential it could really hurt those countries. russia is the second biggest agricultural market for the european union, for example, but there is also a risk here for russia because this could result in food shortages. this could result in potentially even greater inflation than there already is in this country. the inflation rate sits to around 6 to 7%. that was the prediction through this year. that's pretty high. if there are shortages because russia doesn't have the ability to feed itself, it must find other markets, that could be worse. there could be political consequences for vladimir putin. the russian euphoria, the nationalism that is felt over russia's position could potentially erode quite quickly. what we need to wait for is the detail on russia's retaliation. although it talks about the potential to ban and restrict all of these items, russia's going to come up with a list, a very precise list of just what

products will be banned from which countries and so forth. once we see that list, probably by the end of the week, we'll get a sense of how strong russia is trying to hit back while at the same time not doing any damage to itself. max? >> okay. phil in moscow, thank you. hawaii is bracing for a one-two punch. two hurricanes are in line to strike the islands. with the details and the timing on that. meteorologist alexandria steel joins us. hi, alexandria. >> hi, max. 24 is one. hurricane iselle. this is one in line. you can see the two. here's the second one behind it. the first one has more potent power and is a beeline towards the islands. there it is moving west northwest at about 29. maximum sustained winds at 50. gusts higher than that, but it's got its act together. we are seeing it intensify. the one behind it, there's the first one. here's the second. it is hurricane julio. winds not quite as intense, but that matters less. the track with this one matters

more, and the second track should take it a little bit farther north. before that we do have a hurricane warning for heilo. first time we've had a hurricane warning since 1993. it's been a while and i'll tell you why it's been a while for a second. the first track taking it over the islands thursday night you'll really feel it. wednesday night, wednesday you'll begin to see the swells but thursday night it will come in in earnest. then behind it, here's julio, although you can see the track is a little bit farther north. the track certainly better for hawaii with the second one with julio. you know, one interesting thing. since 1959 only two storms have made it from the east and made landfall over hawaii. there's a few reasons why. one, the water temperature right here is about 26 degrees celsius, which is just marginal to sustain a hurricane. so the water's cooler and the air is dryer, but hurricanes that come from the south have a lot morrow bu-- more robustness.

from the south it's usually more threatening. these look like especially the first one that it could make landfall. why we saw it? the dryer air, cooler water, we have the scenario happening. the wave heights as well with this one, the first one in particular, wave heights in excess of about ten feet at the very least. max, with this, again, wednesday into thursday, heavy rain, flash flooding. of course, high surf as well. and then we'll brace and hope the next one tracks a little bit farther north. certainly the one, the first one, will be quite impactful. >> it does look threatening. thank you very much, indeed, alexandrea. straight ahead we'll have headlines and then the final arguments in the oscar pistorius murder trial. that's just moments from now.

well, closing arguments are about to start in the murder trial for south african athlete oscar pistorius who just arrived. the prosecution is giving his closing argument first. the defense is expected to do the same tomorrow. >> i've uttered that in many cases, but this is the first instance where in fact in the heat of argument the defense said just that. we have two defenses, we want the court to pick one. but it's not two normal

defenses, it's two wide defenses. they widely move from each other. the one is -- it's not two normal defenses, it's two wide defenses. they're wide, they move from each other. the one is we -- the court will find we did not have criminal capacity at the critical moment when we shot, we weren't in control of ourselves. that's one defense. then if the court finds that we were, then we deliberately and with intention fired a shot to killing someone. my lady, it's two defenses that you can never reconcile. it's much like we said in paragraph 34. it's an alibi, but if we're there, if you find us there, then we acted in self-defense.

but it's two -- two concepts, two defenses that you can never argue. never, my lady, without respect, if you are to put any reliance on your client's version, if you say to this court, i don't put any reliance on my client's version, i'm just looking at all the facts, that is -- i don't understand perhaps possible but let me rather say more possible then when you want to rely on his version. my lady, that when we received the defenses and my lady, it's at paragraphs 7, 8 and 9 of the defenses.

the page reads, if the honorable court were to find that the accused did not discharge the shots in a reflexive response consequent upon an exaggerated startle which made it incapable of acting in accordance with appreciation of right and wrong or incapable of acting, then the alternative finding can only be that the accused intentionally discharged the shots in the belief that the intruders were coming out. my lady, i didn't act, but if you find i did, please accept that i did so intentionally with

relief. my lady, those two defenses cannot be argued. an accused must at least have a defense. but, my lady, this will show how the accused tailored his version, how one defense wasn't possible, and not because of anything that the weak performance of this accused during cross examination. my lady, may i just summarize. we will argue that the accused version of the events, that did not come out strong enough in the heads, but we'll get to that, my lady. if the accused version of what happened that night is subjected, it means, my lady, that there was no perceived intruder whatsoever. but you don't have with the

utmost respect reject his version but still say accept that there was a perceived intru intrud intruder. i want to make it clear that that is our argument. we have -- if there's no perceived intruder, the deceased 3:00 in the morning locking herself into her toilet. we have the deceased, 3:00 in the morning taking her cell phone with her to the toilet. we have the deceased, 3:00 in the morning, standing upright, fully clothed, and shot four times. there's no intruder, no argument. >> the fully clothed part of it, what if she went be to bed wearing those shorts. >> my lady, i'm saying that she had the shorts on. if she went to bed with the clothes she had on, she still had them on when she was in the toilet. >> i see. >> it's not as if she -- it's

very difficult for me to say this in the nicest possible way. it's not as if she just got up from the toilet and she could dress herself that something could happen, she was fully clothed in the way that she went to bed if that is a probability. my lady, may i then deal with paragraph 3 where we say that the crime scene was a toilet cubical inside the bathroom of the home of the accused and that cubical was in the bathroom linked to the accused main bedroom via a passage way of approximately 5.3 meters. my lady, we will repeat this, that she was shot while standing facing the accused behind the toilet -- locked toilet door on many occasion, but it's an important fact. and, my lady, we will say at the

end that that is a common fact that she was standing facing the accused. there will be argument saying that she was standing at a slight angle or something like that. there will be argument that she was bent forward, but what we have, my lady, we have evidence that measured that the wound during the postmortem was measured and that that corresponds. we have captain mongana saying that she was not an angle on the reconstruction of the scene.

we have the defense admitting that captain mongana was a good witness. so, my lady, i'm just saying that we will repeat that. the accused fired four shots with a powerful handgun through this locked toilet door, three shots at the deceased. he used high performance black tallon ammunition which had the effect of ripping through a body causing major tissue trauma and the subsequent death. i think it's not in dispute that the deceased died as a result of multiple gunshot wounds. my lady, in this matter there are only two people in that house. one was killed. there's one survivor and there was no onus on him, on the accused to testify whatsoever. it's not an argument that he

bears any onus whatsoever, but, my lady, in electing to give evidence one would expect him to give an honest account, an honest version of what happened. if he elects to give evidence and he's found to be a lying witness, that is of his own doing and not because of an onus, my lady. i know that there's argument that he doesn't have onus, and we deal with that. my lady, in our opening paragraphs we also indicate that the accused faces two counts of negligently discharging his firearm in a public place. in january 2013 the accused was with his friends in a restaurant during the busy lunch hour and he asked mr. fresco to pass him his firearm under the table. a shot went off. shrapnel caused injury.

my lady, at this early stage may i just mention the times and dates that we have in this matter. we have september 2012. the state's version firing shots through a -- we have generally 2013, the discharging of the firearm, we have 27 january 2013 the first of the long buds act. we have 7 february 2013 the second of it. we have seven days later 14 february 2013, we have the murder. it's issues, cases, counts that happen in a short period of time. if one just takes from january 2013 to 14 february -- there's a negligent discharge of a firearm january 2013 and a murder in 14

february 2013. anyway, my point, paragraph 10, the accused discharged a firearm in a restaurant. the firing of the firearm under the table with a child seated next to you. we deal with in paragraph 11 of what happened in the car, we deal in paragraph 12, my lady, of the position of the ammunition. we will deal with this in detail later, but at this early stage we would like the court to take note of the fact that the accused asked about a shooting incident december 2012 until the shooting of the deceased displayed a blatant disregard for the lives of others. my lady, one cannot see this as anything but, as a blatant

disregard, handling a firearm in a restaurant full of patrons. my lady, in paragraph 15 we will get back to the metaphor we used there. we say that in keeping with the proficient of the accused as an athlete, we argue that the accused was on a relay run. he started the relay run with a bat. my lady, you have to hand over the baton to the next athlete to complete the race, but if you drop that baton and if you stumble and life causes you to drop the baton which it did, you cannot compete the rest. you started the race by giving evidence. you have to complete the race, my lady. without the baton of truth, you cannot complete the race. we say, my lady, it's the

state's case that the accused was a deceitful witness. the court should have no difficulty in rejecting his version of events not because it's not true but in essence as being absolutely devoid of any truth. my lady, when we deal with general, we say it became clear that the accused was incapable of taking any responsibility for any wrongdoing. it's our argument that his attitude is that he's always a victim of circumstance. he pleaded not guilty to all the counts. summarize the defenses of the -- to some of the counts to indicate how the accused refused to take any responsibility and would always place the blame for his actions somewhere else. my lady, in doing it we just mention it, and it's not a complete analysis.

it's just as a general introduction into what we will argue. the accused version i cannot be blamed firing the four shots through the toilet door killing the deceased. i'm unable to say why i shot but i cannot be blamed. in my opinion when a shot went off, i did not fire the shot, i did not pull the trigger and we have to blame mr. fresco for handing me a loaded firearm. 20 september incident, the witnesses are lying. i never fired a shot through the sun roof of a car, and although ammunition was found in my house, i blame my father. it is his ammunition. my lady, my argument here, there will be argument that the anxiety of the accused, that he was an anxious person. now what is interesting, my lady, is that the anxiety didn't

represent itself when they were stopped by the metro police officers on their bake from the ball. not at all. quite the opposite. he wasn't anxious. he challenged the metro police officer. he engaged with the police officer about what he was doing with his gun, not an anxious person being worried and scared of the police being there and finding my firearm. we say, my lady, that the anxious nature of -- of what the accused would want the court to believe is anxiety on call. when i need to be anxious, when i need somebody to accept my anxiety, i have it on call. anxiety on call.

my lady, in paragraph 20 we deal with the failure of the defense to corroborate essential elements of the version of the accused. there is extensive preparation. witnesses were never used. we're not saying that counsel should be blamed for it. the only person that should be blamed for the -- for that not being done is the accused because he tailored his version. my lady, there were experts called. mr. lind, but the defense failed, my lady, to put any witnesses to substantiate what was put to the state witnesses. if mr. pistorius is really

anxious in his dreams when he pitches his voice, and we will call a witness in this regard, if i put it to you, it sounds like a woman. my lady, the defense never called a witness to say it sounds like a woman, but it's not so much -- and i go through that. it's not so much that the people were not called. that's a prerogative of the defense, but what's important, my lady, if it is put to a witness that something would happen and that i have an expert and an expert won't do it, the witness, and in our case professional people, will accept counsel at his word, but now we don't know why that. that, my lady, we'll get to that. if that now happens, if counsel put to a witness that we'll call

an expert and an expert will say x and the witness say, no, it's in fact y. x is not caught. the court will have to accept y. because the option is always up to call x and it never happened. my lady, may i ask that we just open the first hyper link? now if mr. pistorius screams as he pitches his voice, if he sounds like a woman, what would happen? that is not true, my lady. my lady, i do not think the evidence is that she screamed so she couldn't take it further. i ask that we open the second

hyperlink. i'll put it to you that ask at the moment we will call the court the surprise of him screaming and it sounds just like a woman. that answer is very important. because i heard like i recall a woman scream. intermingled also the man. so, the witness said i believe the screaming of two voices, two tones, he's saying, no, i don't believe it. they will call a witness. that never happened. that never happened. so that answer, am i to believe they were screaming in two tones of two voices in surprise should be accepted.

there, my lady, we deal with the similarity of the sounds of batting in the door and a gunshot. my lady, there at least was an attempt to produce something, but i say with the most respect, a very weak attempt. my lady, that attempt was the test that volmerance, dixon and their wives and everybody congregated at the shooting range and recorded something. it was put to volmerance that if one clearly listens to the bat sounds, those amplified, is that you don't have to tell me i can't hear anything. so the person that they would

want to fwef this is a person that cannot. it was put in and, my lady, we have the report. it's not something that the court should accept my word for it. one can listen to it. the distinct differences in the background noises of the two sounds. if you listen to the bat sounds, the crickets or something in the background that you can hear clearly. when you listen to the begun shot wound -- the gunshots, you cannot hear them. they're very faint, and that was -- that was highlighted by the state but no one else recorded. the person who did the sound wasn't called. but more so, my lady, we know this test was done over two nights, two different nights because at first the gun wouldn't fire or rapid fire, shoot more than once at a -- at a -- at a time.

now what's disconcerting about that is there was even talk to digitally manipulate the sound. with the utmost respect, that is just dishonest. that didn't happen. >> it department happidn't happ >> it didn't happen. i'm just saying, the people who contemplated handing that in contemplated that. that was to the lengths they went, but it didn't. we're dealing with what the people used to try and show that a cricket bat sounds like a gunshot. the court should not take account of that test at all. >> what about the fact that this happened out of -- the tests were done outdoors? >> indeed, my lady, it is not a

reproduction of what happened indoors and/or would assist people in finding out and establishing if it sounded the same. it's two different tests, my lady. one is done outdoors. the sounds we're dealing with were all indoors. my lady, but the most important thing, may i just pause here, i'll get to it later but i'll skip it, if we have -- if we had those tests to allow mr. roux to put to people that we have it, why wasn't it played? why wasn't the witnesses confronted with it? because the tests are mr. volmeron and dixon were done much later, much later than this one statement. and may i just ask that we open

it. let us assume that the correct bat hitting the door sounded like gunshots and there are more instances, my lady, but the tests were done like that. not before the trial started. eye there's another aspect. if an accused testified that there was a recording made of him screaming, we never listened to the recording but there was a recording made of him screaming, the defense would call a next door neighbor to imitate what she heard while sitting with a recording of the accused screaming. that doesn't make sense, my lady. why not play that recording to the witnesses to berger,

johnson. my lady, the only, only inference to be drawn is it could not advance their case. otherwise, it doesn't make sense. you call -- you ask your next door neighbor to imitate a sound by simple recordings of the accused voice screaming. my lady, the only reasonable inference is that it could not advance their case. my lady, then we deal with -- may i ask the court then to put this announcement. may i just deal with the last aspect? my lady, the last aspect at paragraph 20 is put to the

witnesses that if a female screamed in the toilet, you cannot hear it at your house. he said that to berger. may i just ask that we open that? mr. johnson,le toit let where the door was locked and the toilet when it's closed. there was no way. forget about whether there was houses in between because you can -- the shortest distance that you can scream. you can get a female to scream in that toilet, you cannot hear it at your house when she's inside the toilet. their own witness, mr. lind, contradicted that statement. now, my lady, the importance of that is that why would you put

something to a witness as a fact and never brought the evidence you had at the time. now, my lady, if i -- if i read this, and when i listen to it when it happened, i thought the defense has done tests and they will come show us. know will show the court what they did. they never did, my lady. but mr. lind's evidence, in fact, contradicts that statement so, my lady, how does the court deal with that statement? just saying that this never could advance their case and it was not used because it could not. my lady, and that mr. lind -- >> well, that does it for this hour of our special coverage. to our viewers in the united

states, "early start" is up next. to our international audience, we'll return to pretoria where closing arguments in the oscar closing arguments in the oscar pistorius case are underway. -- captions by vitac -- www.vitac.com

. happening now, silence over dpa sa. as israel and the palestinians work towards a lasting peace. delegations from both sides in cairo this morning. this, as hamas plans to rally on the broken streets of gaza. live, team coverage on this critical moment this morning. ebola spreading fast across africa. quarantines and travel bans not enough to stop it. here in the united states, the cdc