(soft intense orchestral music)
(soft intense music)
(door opens)
(intense expl*si*n)
(distance g*n sh**t)
(indistinct chattering)
(g*n sh**t)
(man screaming)
(g*n sh**t)
(breathing heavily)
(g*n sh**t)
(breathing heavily)
(orchestral music)
(birds chirping)
(cows mooing)
(talking in foreign language)
(laughing)
- Are you all right?
(talking in foreign language)
It's all right, we're
okay, we're okay.
Let's move your
cows off the b*at.
Let's move, let's
round up the cows.
(speaks in foreign language)
Yeah, the cows let's
move them off the stuff.
(speaking in foreign language)
It's alright.
- (speaks in foreign
language) Sipo.
- Sipo, I'm Sean.
(speaks in foreign language)
(distant cows mooing)
(camera clicks)
(intense orchestral music)
- You're late.
- I'm sorry.
- It's not safe driving
these roads at night.
(intense orchestral music)
Not even the mission
safe anymore.
Tell them what happened Joe.
- We had a break-
- The bustards came
in with sledge hammers
and AK47, smashed our
f*cking safe out of the w*r.
Last week, we had another
flare up on faction fighting.
Overnight, I lost two
months of booking.
The f*cking place falling apart.
- Please let us pay
for our trip, Chris.
- That's bullshit, I'm not
gonna start charging my friends.
(car engine squealing)
(crickets chirping)
(distant indistinct chattering)
(distant shouting)
(car engine grinding)
(woman crying)
- What are you doing?
- Protecting my guests.
What the f*ck is going on here?
(woman continues crying)
(camera clicks)
(crickets chirping)
- Oh Jesus.
(woman crying)
- Nobody moves.
Amma blow somebody's
f*cking head off.
(coughing)
(woman crying)
The fucks matter
with you people.
- (indistinct) the boy alone.
(speaking in foreign language)
- The f*ck you don't know,
you gorra a d*ck baby here.
- Come on, Chris
this is not cool.
- No I'm taking (indistinct).
The cops can come and take
this up in the morning.
- We will take care of this.
(speaks in foreign language)
- I am the head man.
It is my problem.
- He's right, let the kid go.
- f*ck him, this people
are full of sh*t.
(speaks in foreign language)
- Mama.
- Sean get in and drive.
- Mama.
- Chris I met this kid
on the river this morning.
- Drive the truck.
- Mama.
- Joe we're leaving.
Shut the f*ck up.
(distant woman crying)
- Mama, mama, mama.
(crickets chirping)
(intense orchestral music)
(locking the door with keys)
(city ambiance siren)
(distance door shuts)
- Straight.
- Come on.
(cell phone ringing)
- Hello?
Yes.
(distant birds chirping)
Could you hold on a moment?
It's a state prosecutor.
- You took some photographs.
- Yes.
- I'd like copies if I may.
- I'll send them.
- They won't show what
actually happened.
- The baby's head was split
open with a blow from a hatchet
and the boy was
holding the hatchet.
- He was holding a hatchet, yes.
- You're a lawyer.
- Yes.
- A corporate lawyer, right?
- That's right.
- And you left for England.
- Look, we met this
kid on the river.
He seemed perfectly normal.
- How long were you
out of the country?
- Nine years.
- So, you came back to be
part of a new democracy then.
(crickets chirping)
(distant dog barking)
(water buzzing)
(crickets chirping)
- What are you doing?
- I just got some
dirt in my eye.
(birds chirping)
(door opens)
- Excuse me.
- I'm sorry.
What are you pleading?
- I beg your pardon.
- You're representing
the herd boy.
- Who are you?
- Sorry I'm Sean Rain,
I made a statement.
- Yes, I read your statement.
You said you didn't see much.
- No, it had already happened.
- I'm pleading insanity.
- The record will show the
prosecution seeks a conviction
of m*rder, with a suggested
m*rder for the k*lling
being to obtain certain body
parts, in order to use these
in the preparation
of magical muti.
The defense claims the
accused has no recollection
of what took place on
the night of the k*lling
and has suggested he
be sent for observation
on the basis that
he may be suffering
some mental disturbance.
If is found to be
fit to stand trial,
this case will be referred
to the "Supreme Court."
We're adjourned.
(intense orchestral music)
- Mrs. Andwenya,
he's not insane.
(opening and locking
the door with keys)
Hello Sipo, I'm Sean remember.
Sipo Mbombela.
- Mbombele sir.
- Mbombele.
- Yes sir.
Solomon (indistinct) at
your interpretive services.
- Right, thank you Solomon.
Ask Sipo if he remembers how
his cows nearly k*lled me.
- How his cows
nearly k*lled you?
- Just ask him please.
(speaking in foreign language)
Tell him I'm a lawyer
and I'd like to help him.
Ask him if that's all right.
(speaking in foreign language)
- There's no comment.
- Then tell him he's charged
with the m*rder of a baby.
- Yes sir.
(speaking in foreign language)
- Tikoloshe.
- What does he say?
(speaking in foreign language)
Wait a second, take it easy.
Solomon wait.
- This boy must be crazy.
- What did he say?
- Very bad, no good, evil.
- What is evil?
- The Tikoloshe
has this boy bad.
- What does that mean?
The Tikoloshe has him.
(speaks in foreign language)
(crying)
Sipo.
(continues crying)
(speaking in foreign language)
(coughing)
The Tikoloshe has him,
that's all I've got.
What does that mean?
- I dunno.
- But you've handled
muti cases before.
- Yes, ritual killings
which have nothing to
do with the Tikoloshe.
- 12 cases in three years.
- You checked?
- Yes I checked.
- Then you know what
muti m*rder involves.
- The use of human body parts
in the making of magical muti.
- It's sick.
- Is that why you
lost every case?
- Mr. Rain, I didn't just
crawl out of the bush.
I qualified 10 years
before you did.
I was raised an Anglican.
The head of the Anglican church
of this country is a black man.
- Oh for God sake.
- And if I needed for
the sake of the client
to understand the details
of the Christian faith,
I wouldn't rely on the
first white person I'd met.
- You were right, b*at insanity.
- Now wait just a second.
- I was wrong, you were right.
You should handle the case.
- No you asked for the case of
I've dealt with the paperwork
so you can take over.
You said "He didn't
think he wasn't insane"
and I believed you.
Now after one interview,
you've changed your mind.
Sorry, this is not
how things work.
You've taken the case,
now handle the case.
I don't want the case back.
(door shuts)
(speaking in foreign language)
(whistling)
- Excuse me?
(speaking in foreign language)
(whistling)
(orchestral music)
(camera clicks)
How did this happen?
- What?
- He's a herd boy, you've got
him looking like a deranged
psychopathic cult figure.
Why didn't you tell me.
- Tell me what?
- Tell me you were
selling the prints.
- I didn't sell the prints.
I sent copies to the prosecutor.
They had no right to publish.
- I've taken the case.
- What?
- I've taken Sipo's case.
- You're working
for Stevenson Crow.
- Well I'll quit.
- You can't quit, you've
only been there six months.
- He's a child.
- He k*lled a child.
- We don't know that.
(speaking in foreign language)
- He understands me.
He's fit to stand trial.
He's just sticking to his story.
- And what exactly is his story?
- He says "He k*lled a
Tikiloshe," an evil spirit.
(crickets chirping)
- How can you go from being
a witness to being a lawyer?
- The prosecution won't
want me as a witness.
- Why are you doing this?
- I think I can help him.
- Why?
- I don't know.
Excuse me.
I'm looking for
professor McKenzie.
- In the case.
- Thanks.
(intense orchestral music)
(birds chirping)
- I take it, you're not
a superstitious man.
- No, no I'm not.
- Quite happy to
walk under letters.
You don't toss a pinch of
spilled salt over your shoulder.
- Sometimes, probably
just out of habit.
(laughing)
- Probably just a
superstitious little habit.
You're afraid of
a little bad luck.
- I read your report
on ritual killings.
- Oh you did?
- Yes, and your
book on Bewitchmond.
I skimed that, I've only
had the case a few days.
- Right, tea?
- No, thank you.
- Take a seat.
- Thanks.
Professor, you
describe the Tikoloshe
as a servant of witch doctors.
- Witches, not witch doctors.
- I see.
- Good.
- Well, not completely.
Not at all really.
- You've never been involved
in anything like this.
- Not exactly, no.
- A witch doctor is a doctor
in the fight against witches.
He or she has the
power to cast out evil,
to relieve you from suffering,
both mental and physical
caused by bewitchment.
- Meaning bad luck.
- Not quite.
Where we would say "You
have been unlucky,"
an African might say
"You've been bewitched,"
but bewitched by
someone or something.
Misfortune occurs as a
result of bewitchment.
Ancestors are good,
witches are bad.
Good, evil, gods
the devil you see.
- What is that?
- Is in (indistinct).
A familiar born to a witch
who's mated with a Tikoloshe.
One of my students
made it up for me.
You shouldn't really touch it.
Never know what curses may
have been laid upon it.
- You describe the
Tikoloshe as about NEHI
with the face of an old
man, the body of a child
and a single buttock
like a baboon.
- Yes, and a penis so long he
carries it over his shoulder,
like a club.
- Yes.
- If your woman's frigid,
chances are she's been
having it off the Tikoloshe.
(giggles)
- Right?
If I needed your help,
would you testify
for me, as an expert.
- Your working pro day on this?
- Well, I could try and
get you a small fee.
- Unfortunately the prosecution
got here before you.
They think this was
a m*rder for muti.
- Well, I don't see how
they can prove that.
- You must have read the
district surgery report.
I don't see how you
think you have a case.
- "Death was caused by a
single blow to the head
with a sharp heavy object,
such as a hatchet."
- And?
- That's it, that's
what it says.
- Then turn the page.
Again.
Down the bottom where it
says additional observations.
A child's genitals
have been removed.
- Yes, I see.
- Look, I've testified
in dozens of these cases.
Muti murders are more
common than you can imagine.
They should be stopped.
- Perhaps I need a witch
doctor's perspective.
- Yes, it's difficult
to be objective
when you're not at
one with the culture.
You know witch doctor, do you?
- No, but I'll find one.
- Try Rachel (indistinct).
She's good but you'll need
to get there before sunrise.
Gets pretty crowded.
- Thank you.
- I look forward to
hearing your defense.
(crickets chirping)
(upbeat music)
(car engine grinding)
(upbeat music)
(crickets chirping)
(door opens)
(spits)
(rumbling stones)
- You think I can help him?
- I'd just like
you to talk to him.
- You think he's cursed?
- No.
- What about you?
- What about me?
- You live in Africa.
You are white.
You're cursed.
Take off your shirt.
- Look, I just wanted
to ask a few questions.
- I will answer your questions,
but I want to know
why you're here.
- I'm here as a lawyer.
- Take off your shirt.
(orchestral music)
(speaking in foreign language)
(orchestral music)
(speaking in foreign language)
You have a snake,
deep inside you.
You've seen something bad.
- I saw a boy who had
just k*lled a child.
- You've seen much
more than that.
We must take out the snake.
After that, we can seal you.
Fed from the hippo.
From the snake.
From the frog.
You drink from this bottle
to help with the snake.
You come back when
you are ready.
- What is it?
- Muti.
- What kind of muti?
- Herbs.
Just herbs.
This oil is for good luck.
You wipe it here, and here.
- Now will you come with me?
(speaking in foreign language)
- He says "He's k*ll Tikoloshe."
- What does that mean?
- What he says?
He believes he's a
k*ll to Tikoloshe.
- He k*lled a child,
tell him that.
- Maybe the Tikoloshe was inside
the child, now it is dead.
- The child is dead.
- That's what you say.
- That is a fact.
- As you say.
(speaking in foreign language)
- What did he say?
- " He wants to know why his
mother hasn't come to see him."
- Tell him I will go
back and fetch her.
(speaking in foreign language)
(crickets chirping)
- Sean?
- Just a minute.
- You all right?
- I'm fine.
- You never lock the door.
- I wasn't feeling great.
- You okay?
- Yeah, I'm fine.
I'm gonna go back to
Zululand in the morning.
- What's that on your eyebrows?
- An oil.
- What For?
- For good luck.
- What do you mean?
- It's a witch doctor,
all for good luck.
You wipe it down.
You wipe it here and here.
- Where is it?
- In the cabinet.
(crickets chirping)
- I don't want
this in here, Sean.
- I'll keep it outside.
(soft orchestral music)
(car engine stops)
Thanks for helping me out.
- I've got a group coming in.
Oh, Joe I can't work out
whether he wants
to help you or not.
- I must go past
the church first.
- All right, you take him
past the mission church first,
he doesn't like to miss mass.
- Fun.
(car engine grinding)
- He broke the bread and
he gave it to his disciples
and he said, "This is my
body, take it and eat."
And when the meal was
ended, he took the cup
and he said, "This is my
blood that He shade for you,
the blood of the new and
everlasting covenant,
the mystery of faith.
Take this and drink.
Do this in remembrance of me."
(birds chirping)
Body of Christ.
- Amen.
- Body of Christ.
- Amen
- Body of Christ.
- Amen.
- Body of Christ.
- Amen.
- You worked at the mission.
- Yes.
For two years before the
funds been came less and less.
Father James said,
"we should not just
rely on our ancestors,
we should talk to Mary."
God can give you a
good life forever
or he can give you a hell.
- Do you believe in
the Tikoloshe Joe.
- Tikoloshe is like
Jesus, never see him.
(car engine grinding)
(orchestral music)
(distant dog barking)
(car door closes)
- Hello, sir.
- You are not welcome here.
- We've come to talk about Sipo.
- The police have
taken that evidence.
We have nothing to say.
- I'm not with the police, sir.
I'm his lawyer.
- His lawyer.
You take him away
and come back here,
and say you are his lawyer.
- If you remember
that night, sir,
we were both a little afraid
somebody might be sh*t.
- This is where they
be baby was k*ll.
- Whose home is this?
- Sipo's mothers.
This is where the
baby were sleeping.
When the police came,
they said "We shouldn't
touch anything."
I've moved Sipo's mother
to another village.
- I'd like to speak to her.
- It wasn't her baby.
- Whose baby was it?
- Her friends.
- Well, could I
speak to the mother?
- The police wanted to
arrest her after the k*lling,
have sent her away.
- Why?
- They believe we k*ll
our children for muti.
- You say the baby
was asleep over there.
- Yes.
- In the red blanket.
- Yes.
- After the k*lling,
when we saw the mother
holding the baby,
it was wrapped in
a blue blanket.
- The police took that blanket.
- Well, how do you suppose
a child that was asleep
over there in a red blanket,
came to be hacked to death
over here in a
different blanket.
- Maybe they might have
just picked up the baby
with a different blanket.
- Maybe.
Pots and pan on the
floor, table turned over,
that one year old must
have put up quite a fight.
(speaking in foreign language)
- What was that?
- "He said that the baby had
not even learned out to walk."
- Really, and why would
he cut off the genital?
- The what?
- The penis, why would he
cut off the child's penis?
- It did no such thing.
- It's in the district
surgeon's report.
- It is late.
You'll stay here tonight.
I'll bring Sipo's mother to you.
(crickets chirping)
My favorite wife, mother of
five of my children. (laughing)
(crickets chirping)
Good African beer, try it.
(cricket chirping)
You like it?
Otherwise I have a warm
Coca-Cola. (laughs)
- That's good.
(speaking in foreign language)
- This is Sipo's
mother, Miriam Mbombela.
She doesn't speak
English very well.
- Could you tell her
Sipo's been asking for her.
(speaking in foreign language)
- "But she asked if he said why
he did this terrible thing."
- "He says only that
he k*lled a Tikoloshe."
- He says what?
- That he k*lled a Tikoloshe.
- That is bewitched.
(indistinct chattering)
- Who has Bewitched him?
- Perhaps an enemy of
ours, I don't know.
This has brought
us much trouble.
- What are you going to do?
- The blood will satisfy him.
He'll leave us alone.
- Who will leave us alone?
- The Tikoloshe.
(crickets chirping)
(sheet bleating)
- We should sleep now.
My wife has prepared
a heart for you.
(keychain jingling)
(metal rattling)
(door closes)
(distant indistinct chattering)
(owl hooting)
(intense orchestral music)
(distant crying)
- What do you want?
(indistinct chattering)
- Sean, what are you doing?
She came to my hut.
- Let her go.
- She knows something, who is?
- She's the child,
she knows nothing.
- Then ask her why
she came to my hut.
- She's not used to work
people, you ever hurt her.
Now you leave her.
- Let her go, Sean.
- I'm sorry God, go, go.
- Now you live.
- I promised Sipo I would
take his mother to see him.
- Sipo k*lled a child,
his mother will not come.
She has paid blood money, your
court will never understand.
- Well, then you should explain.
- There's nothing to explain.
The boy is bewitched and you
bring us more trouble, now go.
- Let us go on foot.
- Until you know exactly
what happened inside that hut
don't be so sure the
boy is bewitched.
And find out who cut
off the genitals.
Does he know the little girl?
(speaking in foreign language)
- No.
- Perhaps if he writes,
his mother will come.
- He cannot write.
- You could write for him.
- I'll try.
- Tell him I am very sorry.
(speaking in foreign language)
- The accused k*lled
a one year old baby.
At the time of the k*lling,
a ceremony was well underway.
The prosecution will show
that the baby was k*lled
in preparation for
further ceremonial rights,
I will seek a
conviction of m*rder.
- My Lord, Sipo
Mbombela is a herd boy.
He's from rural Zululand.
The defense does not deny
that he k*lled a baby.
However, I intend to show
it was his sincere belief
that he was k*lling
an evil spirit.
An evil spirit known
throughout Southern Africa
as the Tikoloshe.
- Mr. Ray and I noted
in the papers before me
that counseling the
preliminary hearing
suggested a plea of not guilty
on the grounds of insanity.
Isn't that what you
should be pleading?
- My Lord, the accused
is fit to stand trial.
He is not insane, and
he is not a m*rder*r.
I believe I can prove that.
- Dr. Mateke, you're
the district surgeon
who examined the body of the
victim after the k*lling.
- Yes I am.
- What did the autopsy reveal?
- Death was caused by a
single blow to the head
with a sharp heavy object.
(speaking in foreign language)
- Such as a hatchet.
(speaking in foreign language)
- Yes.
- Yeah.
- You say a blow.
In fact, the child's head
was split almost in two.
- Yes, to the
bridge of the nose.
- To the bridge of the nose.
So it must have been a
particularly vicious blow.
- Objection, the doctor
has no way of knowing
whether the blow
was vicious my Lord.
- Mr. Rain, a blow which
splits a child's head in two
is unlikely to have
been delivered gently,
continue Mr. Linde.
- Thank you my Lord.
For the sake of my
Learned friend, doctor,
would it be true that the blow
must have been a
particularly powerful,
if not a vicious one?
- It must have been delivered
with some force, yes.
- But the autopsy revealed
something a little
more startling.
- Yes.
- What was that?
- The child's genital
had been removed.
- The victim was a little boy.
- Yes.
- And his genitals
had been sliced off.
(shouts in foreign language)
- What does he say?
- He's objecting my Lord.
- To what?
- He does not agree
with his witness.
- Well, tell him he can't
just shout out in court.
He'll have his turn
to tell us his story.
(speaking in foreign language)
Mr. Linde.
- I have no further
questions my Lord.
- Mr. Rain.
(clears voice)
- Doctor, you say the
genitals were removed.
- Yes.
- With a hatchet?
- I'm sorry.
- Were they removed
with the hatchet?
- That I cannot say.
- You cannot say for sure
that they were removed
with the same instrument that
caused the blow to the head?
- Not for sure, no.
- The genitals could
have been removed
with a different instrument.
- That I cannot say.
- But it is possible.
- Yes.
- In fact, the genitals
may have been removed
by someone other
than the accused.
- Objection, calls
for speculation.
- Mr. Rain, where is this going?
- I don't believe the accused
would mutilate a young child
my Lord.
- You don't believe it.
- No my Lord.
- But he k*lled a child.
- Yes, I think so.
- You think, for god sake man
You conceded as
much in your plea.
You said "The defense does
not deny he k*lled a baby."
- He believed it was
something else my Lord.
- How much cultural
experience do you have?
- Not much.
- Ask the accused whether he
accepts his counsel's admission
that he k*lled a baby.
(speaking in foreign language)
- What's he saying?
- He says, "Yes," my Lord.
- He said a good deal than
that, what exactly did he say?
- My Lord he said "He
k*lled a Tikoloshe."
- An evil spirit my Lord.
- As I have heard
of the Tikoloshe.
(intense music)
- The state calls,
Jennifer Rain.
When you arrived at
the village, Mrs. Rain,
the accused was holding a
hatchet and there was blood
on the blade, correct?
- Yes.
- And you took photographs of
the accused with this hatchet?
- Yes, I did.
- Why?
- Instinct.
- You're a professional
photographer.
- Yes, I am.
- My Lord, the photographs
are submitted as exhibit A.
I believe they speak
for themselves.
- Thank you, Mr. Linde.
(orchestral music)
- I have no further
questions my Lord.
- Mr. Rain.
- I have no questions my Lord.
(birds chirping)
- Is this the hatchet which
you took from the accused?
- Yes, it is.
- And is this the blanket in
which the dead baby was wrap?
- I believe so, yes.
- These are submitted as
exhibit B and C my Lord.
The blood samples on the blanket
match those on the hatchet
and both match
those of the victim.
In short my Lord,
Mr. Fanroyan caught
the accused red handed.
- Objection.
- On what basis.
- Red handed is a distortion.
He was caught with a hatchet,
but not in the act of k*lling.
- I don't think
that was suggested.
- My Lord red
handed implies that-
- I know it implies.
But no doubt given the
novelty of your defense,
you intend to hype your
particular version of events,
but I'm quite capable of seeing
beyond a little exaggeration.
- My Lord I have
the right to object.
- Yes but not to
unnecessarily interrupt.
Continue Mr. Linde.
- Mr. Fanroyan, how long have
you lived with Zulu people?
- Eight years.
- And are you aware of any
motivations in Zulu culture
for the k*lling of
young innocent children?
- Objection, the witness is
not an expert in Zulu culture.
- The witness lives
with these people.
- The witness lives in Zululand.
That is not the same as
living with Zulu people.
- I would like to hear what
the witness has to say.
- But my Lord it's completely-
- You know the rules.
- You may answer the question.
- I know that which doctors
sometimes use pieces from bodies
to make up their muties.
- By pieces you mean body parts?
- Yes.
Lips, eyes, genitals.
- Objection, the witness
has no personal experience
of witchcraft my Lord.
This is pure speculation.
- Mr. Fanroyan,
aside from this case,
do you have any firsthand
experience of witchcraft?
- I know what I know.
- And how do you
know what you know?
- I spent eight years
with these people,
my whole life in
this country, I know.
- Yes, well I've lived in
this country for 70 years now.
I didn't know.
Objection up held.
- Thank you my Lord.
- Continue on another
line, Mr. Linde.
- I have no further
questions my Lord.
- Your turn, Mr. Rain.
- You've never actually
seen body parts
used to make muti, have you?
- It happens.
- That wasn't my question, I
asked if you'd seen it done.
- No.
- And you've never seen a child
k*lled for these purposes,
have you?
You've never seen a child
k*lled to make muti, have you?
- No.
- No, then just like
the prosecution,
you've simply assumed
that the child was k*lled
for magical, medical reasons.
- He chopped up a
one year old baby.
- By mistake.
- By mistake.
I caught him with an a* still
his hand and I saw a baby
with his head split
in two pieces.
That's one big bloody mistake.
- What you saw was the
body of a dead child.
You did not see the
child being k*lled
nor do you know
why it was k*lled.
It is possible someone
else k*lled the child
and the accused walked
out with the hatchet.
- Mr. Rain, hold on a minute.
You chose to admit that the
accused k*lled the child
and to argue that he believed
in an evil spiritual,
you cannot now suggest that
he did not k*ll the child.
- My Lord the witness
has been called
to establish a k*lling.
- Would you admit to.
- Yes to the k*lling,
but not to the way the witness
is suggesting it happened.
- So he did it, but
not with the hatchet.
- He did it, but
not to make muti.
My Lord, I really
must object to you
constantly questioning
my approach.
- In my court room,
I will question whatever
I see fit to question.
- I apologize, just give
me a chance my Lord.
- Very well.
- Thank you my Lord.
Mr. Fanroyan, you
did not see the child
being k*lled did you?
- No.
- Nor do you know
why it was k*lled?
- There was a ceremony going on.
A witch doctor was there.
There was a dead goat, that's
how these things happen.
- But you've never
seen a ritual k*lling.
- I have now.
- All you saw was a dead
baby and you overreacted,
isn't that true?
- I know what you're doing.
- You actually have no idea
why this child was k*lled-
- Winning here won't
make any difference.
- I asked you a question.
- Don't try to win here
because you want some
kind of forgiveness.
- Answer the question.
- That was w*r, this was peace.
Can't you see the difference.
- Answer the question
(indistinct).
- You can't deal
with what happened.
- I am cross examining you.
It is my job to ask
whatever questions I choose
and you as the bloody
will answer them sergeant.
- Mr. Rain, unless I
have some explanation
for this outburst, I shall
have you remove from the case.
I shall need an apology by
the end of this evening.
The court is adjourned.
- [Prosecutors Lawyer] All rise.
- If you can't stand the heat,
you get the out of Africa.
(orchestral music)
- Sean wait, where
are you going?
- I need to talk to somebody.
- What was that all about?
- I need the Sangoma to
testify that Sipo's beliefs
are sincerely held.
- I'll come with you.
- I'll drop you at home.
(orchestral music)
- I want to come with you.
(car engine starts)
- You weren't being caught.
- Yes.
- Did you drink what I gave you?
The muti in the bottle?
- No.
- Then you still have the snake.
- What snake?
- Yay, you may watch, but
you may not interfere.
I otherwise you must go.
Do you want to go?
- No.
- Then don't speak.
He is sick, but not dying.
I know what must be
done, understand.
- What is it?
- The same muti to
help with the snake.
- And you will testify for me.
- If you still need me, drink.
(sighs)
Drink it all.
(orchestral music)
(clears voice)
(intense orchestral music)
(expl*si*n)
(breathing heavily)
(g*n sh*ts)
(breathing heavily)
(coughing)
(thrumming of helicopter)
- Sean, you gotta go now.
That f*cking chopper
won't wait Sean.
(distant indistinct chattering)
- Stage one.
Put it down Sean.
It's stage Sean.
Put it down, put it down Sean.
You better put
your self together
or you can fight
your own way home.
Put it down Sean.
(g*n sh*t)
(screaming)
- You believed you're
k*lling a soldier.
You will make them understand.
(speaking in foreign language)
Lie down.
- What are you going to do?
- Take out the snake.
- No.
- You know how to do this?
- What are you going to cut?
- Very little, sit down.
(screaming)
(vomiting)
- I was on active
service myself.
- I didn't know that my Lord.
- At north the
desert with Monty.
Now's called Paul Weden.
That's me on top of the
t*nk there looking about 12.
'Cause that was a
water to be proud of.
- I'm sure that helps.
I was called up for two
years when I was 17.
At the time, it didn't
seem like an option
to spend six years in jailed
as a conscientious subjector.
And after we'd
done the two years,
they still kept calling
us up two months a year,
every year for another 12 years.
That's what we were
obliged to do then.
One minute I was
in a city law firm,
the next minute I was 200
kilometers inside Angola.
- But after what happened,
you left the country?
- Jennifer had a
British passport.
When we got married, I was
allowed to stay in England.
- Right?
- Well, I accept your apology.
(indistinct chattering)
- It won't happen again, sir.
(shuts door)
(birds chirping)
(soft orchestral music)
(opens door)
Jen.
(beeps)
Have you seen Jennifer?
- I just came in to paint.
(drum beats)
- How long have
you been involved
in the study of African culture?
- 22 Years.
- And during this time
you've investigated
a number of so-called
"Muti murders."
- 27 Separate incidents, yes.
- Perhaps you could give the
court an example of one or two
of your case histories.
- Well, in my last
investigation,
two men have been accused
of a number of killings.
The victims had had
their tongues lips
and genitals removed.
- There was something that
all the victims had in common,
wasn't they?
- Yes, all of the
victims were children.
- And that is significant.
- There is a motive for the
k*lling of children in Africa.
- What is that?
- The sale to a witch
doctor of their body parts.
- Why specifically children?
- Their innocence is important.
- And horrific though
this practice may be,
it is not uncommon.
- No, they say some
times any strong medicine
can change your bad luck.
- And the baby in this case
may well have been k*lled
as part of the ceremony,
aimed at improving the
fortunes of its elders.
- Objection, calls for
speculation my Lord.
- Sustain.
- No further questions my Lord.
- Professor, I have with me
one of your early research
reports, do you recognize it?
- Yes I do.
- At page 55, you
say, and I quote,
"One of the most horrific
aspects of muti murders
is that the dismembering
of the child's genitals
is conducted while the
victim is still alive.
This you say is believed to
make the muti more potent.
On page 57, you quote a
witch doctor is saying,
"If a person is dead when
parts of his body are removed,
the spirit is lost and the
muti will lose its magic."
- That's right.
- But in the present case,
the victim was not found
to have had any of
its body parts removed
at the time of the k*lling.
- Objection, we
have it on record
that the victim's
genitals had been removed.
- They were removed by the
time Dr. Matzeca performed
her autopsy, but it
was never established
the removal took place
before the victim was k*lled.
The prosecution has
already submitted copies
of these photographs taken
on the night of the k*lling.
I have merely had a portion
of one of the pictures
enlarged my Lord.
- Professor, what use
would the body parts be
if the victim was already dead?
- No use whatever.
- Except perhaps to
strengthen the a case
against the accused.
Lord, Dr. Matzeka performed
her autopsy 24 hours
after the victim was k*lled.
There was ample time
for interference.
- Mr. Linde.
- We proceed on the basis of
the evidence presented to us
by the police my Lord.
- So the accused didn't
mutilate the body
but somebody else did.
- For the purpose of this child
it doesn't matter
who did my Lord.
What matters is that
it wasn't my client?
- But he did k*ll the child.
Mr. Rain, you do still concede
that the accused
k*lled the child.
- Yes my Lord.
- Well done, not a muti matter,
but a matter nevertheless.
- Why are you so
keen to convict him?
- Why are you so keen
to keep this country
in the grip of the past?
- The past is very much
a part of the present.
- Oh really, you
see I don't care
if he thinks all
the forces of heaven
compelled him to do it.
He k*lled someone's child.
What does he say to the mother?
- He has to start talking.
- He has nothing to say.
- The court accepts
wasn't k*lling for muti,
but if he goes on the stand
and says he k*lled a Tikoloshe-
- That's what he will say.
- He has to explain his mistake.
He has to tell me exactly
what happened inside that hut.
- He has told you.
- Nonsense, if he still
thinks he k*lled a Tikoloshe,
and he can't tell us how
he made that mistake.
We do not have a case,
we have a confession.
Now, how did he mistake
a child for a ghost?
- He has k*lled
Tikoloshe not a ghost.
- You k*lled a baby.
(speaking in foreign language)
- "He has said so
from the beginning."
- Well tell him he
is not helping me.
If he has nothing to say, I
can't put him on the stand.
- He does not wish to lie.
- You believe him?
- I believe he's
telling the truth.
- Father, you are a
Roman Catholic priest
ordained by the Catholic church.
- Yes.
- And as a priest, you have
performed a number of exorcisms.
- Objection, what relevance
does exorcism have to this case?
- My Lord, the
defense of young Sipo
centers on a question of faith.
- Faith, faith in what?
The witness is a Catholic
priest, not a witch doctor.
- Well a which doctor
will be my next witness.
- The objection is overruled.
- Thank you my Lord.
Father, what is the
purpose of exorcism?
- It is resorted to when the
church has firmly established
a case of demonic possession.
It's purpose is to
cast out the demon.
- By demon you mean some
kind of evil spirit?
- Yes.
- And how many exorcisms
have you been involved in?
- Oh, 15 or 16.
- And they were all sanctioned
by the Catholic church.
- Yes, they would have to be.
- And is the belief
in demonic forces
a uniquely Catholic notion?
- No, not at all.
You will find cases of
demonic possession reported
in the works of all
the great faiths,
including Judaism, Islam,
Hinduism, even Buddhism.
- Thank you father.
No further questions.
- Father, you're
an intelligent man.
You have your faith.
You're not seriously
suggesting to this court
that you believe in
fairies and goblins.
- Mr. Linde, if I understand
this case correctly,
that young man believes
that evil may take
the form of Tikoloshe,
and you are trying to
imply that he does not.
Well, how can you put
a man's faith on trial.
- When faith results in
the death of a child?
I think the state has a right
to question the faithful form,
don't you father?
- You may question the
actions of the faithful,
not the faith itself.
- No, I question
the faith father.
I question a belief
in witchcraft
because I believe it is evil.
- So you believe in evil
after all Mr. Linde.
- This isn't (indistinct),
how long have you
been a Sangoma?
- I've trained for many
years with an older Sangoma.
I've been a Sangoma
myself for 21 years.
- And what does the Sangoma do?
- I listen to the voices of
the ancestors of my people,
and I help when my
people are sick.
- And you are not
afraid of the Tikoloshe.
- I know how to
deal with Tikoloshe.
- What about ordinary people?
- Ordinary people are
afraid of Tikoloshe.
- You've examined Sipo.
- Yes, Sipo is a
very brave child.
- If an ordinary person
thought there was a Tikoloshe
in his or her house,
do you think they
might try and k*ll it?
- Most people will run away.
- But a really brave person.
- A really brave person
might try and k*ll it.
Such a person might one
day become a Sangoma.
- Thank you.
No further questions.
- Sangoma, what level of
education do you have?
- I'm sorry?
- What sort of official
schooling do you have?
- Objection, official schooling
does not qualify anyone
to be a Sangoma.
- Officials schooling
goes somewhere
towards eradicating
superstition.
- The witnesses called as
an "Expert in Superstition,"
my Lord.
- Where I came from
in Switzerland,
there was only a primary
school organized by the church.
- You were raised
to be Christian.
- I was raised by my people.
I went to school
for a short time.
We learned about eating
the body of Christ
and drinking his
blood, it seemed ugly.
- I see you prefer goats blood.
- To the blood of the lamb?
Yes I do.
- Right, but you have no
professional qualifications.
- I am not a professor
of Sangoma Mr. Linde.
I am a Sangoma.
- And you believe in
goblins and ghosts.
- Objection.
- No further questions my Lord.
- Mr Rain, I assume you wish
me to accept that belief
is something dear to many
people of many cultures.
- Yes, my Lord.
- Yes, well I'm sure we
all know that to be true.
But what I cannot understand
is how continually claiming
this on behalf of the accused
helps to further your case.
- My Lord-
- One moment.
If he says he believed
he k*lled a ghost
and he did in
reality k*ll a child.
Should you not be claiming a
mental delusion of some kind,
in which case you should not
have dropped your original plea
of temporary insanity.
- The accused is
not insane the Lord.
- But you have no
other explanation
as to what actually happened.
- No my Lord.
- All you can say
is that "He believed
he was k*lling a Tikoloshe.
Well, I'm afraid
without something more,
I cannot accept your defense.
I still have mass murderers
walking into this court
claiming they were inspired by
God Almighty Krishna of Alo,
heaven knows who?
Am I to accept their
delusions as well?
Do I say that they are
neither insane nor culpable
merely because of
their particular faith.
- I really don't know my Lord.
- What to put it bluntly.
Were the atrocities
of h*tler or Stalin
or even RN previous
government not committed
in the name of sincerely
held personal beliefs.
- Their beliefs may not have
been sincerely held my Lord.
- Well, assuming that they were,
does that excuse what they did?
- No my Lord.
- No, well, in which case,
I hope you've not tied
this young man's future
to anything as flimsy
as his personal faith.
(fridge door opens)
(clears voice)
- Your wife she's
very persuasive.
It was a policeman
from a different claim
who cut off the genitals.
He wished my people
much trouble.
- Tandy.
Sean, this is Tandy.
(water humming)
(dor opens)
(water humming)
- Tandy, is this
your brother Sipo.
- Tandy, (speaks in
foreign language).
- She says, "Yes."
- Tandy I want you
to tell the judge,
everything you remember from
the night of the accident.
(speaking in foreign language)
(wood spliting)
(distant indistinct chattering)
- Tandy, (foreign language).
(cricket chirping)
(continue speaking
in foreign language)
(drum beats)
(goat b*ating)
(drum beats)
(goat b*ating)
(drum beats)
(speaking in foreign language)
(screaming)
- It would seem the Lord that
the child pushed the chair
and pull the table
cloth from the table,
in an effort to stand
and take its first steps.
Exhibit C presented by the
prosecution, is not a blanket.
It's a table cloth, and it is
split in the bloodied area.
The baby was covered by
the cloth at the time,
the accused lashed out.
- Surely he knew you that
the child was in the hut.
- My Lord, I have
subpoenaed Mary Majola,
the mother of the dead baby.
She will testify that she
laid her one year old down
to sleep in Sipo's mother's hut,
because she felt it
would be better off away
from the coughing of
her sick elder daughter.
Sipo was out herding cattle,
little Tandy was
playing with friends.
Neither were aware that the
baby had been left to sleep
in their hut.
The defense submits
as exhibit E,
the blanket in which
the baby was wrapped
when it was left to sleep.
There are no blood stains.
The baby crawled away
from this blanket,
pushed the chair and
grabbed table cloth,
as it struggled to stand.
- But why did he never mentioned
that his sister
saw the Tikoloshe?
- He was protecting her my Lord.
I have nothing further.
(birds chirping)
- My Lord, it is not disputed
that an innocent one year
old baby was in fact k*lled
by the accused.
Having said so I concede
that I have seldom heard
a more regional defense.
What it amounts to
however, is this.
The accused is afraid
of a fictional bogeyman
so we should excuse
him for k*lling a baby.
It's absurd,
creative, but absurd.
Nevertheless, if
this court accepts
the improbable version of
events presented by the defense.
Then although the charge of
m*rder could be defeated.
The charge of culpable
homicide still stands.
A person is guilty
of culpable homicide
if he has caused a death
in a situation where
a reasonable man
would not have done
so, that is the law.
While reasonable
people do not believe
in goblins and ghosts.
They do not lash out with
hatchets of Phantoms.
These are backward ideas
rejected by reasonable people.
They are accused, is
at the very least,
guilty of unreasonable conduct,
and hands of negligent k*lling.
- My Lord, m*rder is
the intentional k*lling
of another human being.
The accused intended to
k*ll, not a human being,
but an evil spirit.
Without an intention to
k*ll a fellow human being,
this court cannot
convict him of m*rder.
As regards to the charge
of culpable homicide,
it is true that a
person will be guilty
of a negligent k*lling,
if he or she kills
in a situation where
a reasonable person
would not have done sir.
But the prosecution seems
to take it for granted,
that the beliefs and
actions of the accused
were unreasonable.
Surely this depends
upon a definition.
A definition of
what is reasonable,
a definition of
a reasonable man.
We live in a
multicultural society,
and the question we
must face is this,
who in a multicultural
society, is a reasonable man.
Is he urban or rural?
Is he a person of
Western education
with Judeo-Christian beliefs?
Or is he perhaps a
person from (indistinct),
with a deep faith in his
ancestors and a genuine fear
that evil may take the
form of a Tikoloshe.
Sipo had no reason to suspect
that his little sister was lying
about having seen a
Tikoloshe in her heart.
Indeed little Tandy was not
lying, she two believes.
When those pots and pans
flew back off the table
and crashed to the floor,
Sipo lashed out instinctively.
He made a terrible mistake,
but given his
genuinely held beliefs,
his mistake was reasonable.
This court cannot convict
him of either m*rder
or culpable homicide.
The defense rests.
(soft music)
- In the case of the state
versus Sipo Mbombela,
the judgment of this
court is as follows.
It is accepted that the
accused genuinely believed
that he was k*lling
an evil spirit
rather than a human being.
Given that the crime of
m*rder requires an intention
to k*ll a human being, this
court finds the accused
not guilty of the
crime of m*rder.
As regards the lesser
charge of culpable homicide,
the question which this
case so powerfully raises
is whether there is only
one kind of reasonable man,
or whether in these
difficult cases,
another type of reasonable
man to be conceived of.
I have no doubt.
And it is the
judgment of this court
that by the law of this country,
there can be only one standard,
and therefore only one
kind of reasonable man.
To hold otherwise would
create an untenable situation.
If in the present the case,
the standard were taken
to be an 18 year old
from rural Zululand, living
at home in his crowd,
then in each and
every other case,
the standard would have to be
varied to suit the description
of the particular accused.
In other words, there would
be no standard at all.
- That is ridiculous.
- I beg your pardon.
- I said, "That is
ridiculous my Lord."
- You are in contempt counsel.
I'll see you in my
chambers immediately.
How old do you think you are?
- I apologize my Lord, but
the standard you suggest
is that of an urban man
with a Western education.
- I was in the middle
of my judgment.
- Your judgment is based
upon the standards of society
with which the accused
is completely unfamiliar.
- Well then it's high
time he adopted a modicum
of civilized behavior.
- Your job is not to
teach civilized behavior
at the expense of
one individual.
- Don't you teach
me my job young man.
If you think I haven't applied
my mind to your arguments,
then you insult me.
I set a president when
I hand down a judgment.
Am I to provide a cop
out clause for every man
who has a maverick belief?
The fact is that this
boy's beliefs are archaic.
- The fact is they
are his beliefs.
- You took this job
because you felt guilty.
You wanted to turn, and I'm
sorry but that's not the way.
- He made a mistake.
- He's never admitted
you made a mistake.
- I believed in a soldier,
he believed in a Tikoloshe.
- And the next person will
believe that he was compelled
by God almighty himself.
- As did Abraham when he
prepared to slaughter his son.
- That's a myth.
- Many would not agree.
- Our legal system is
based on rational thought.
There is no place for
belief in the law.
- Your judgment is rooted
in a certain belief.
- I personally have no belief.
- That is a belief.
- Oh, you want to debate, right.
Now let's suppose that
I personally believe
in the Tikoloshe
and let's say that
somebody has told me
there's one lurking
under my bed.
Now, even with this
belief, do I draw my g*n,
storm into the room and
far off a dozen rounds
into the mattress, without
even turning on the light.
- There are no lights
in the village my Lord.
- There might like
a candle, f*ck sake.
- But at least I take
some reasonable steps
for lashing out with a hatchet.
- That is not what you
said in your judgment.
- Sorry.
- In your judgment,
you said "His beliefs
were unreasonable."
Now you were saying his
belief may be reasonable,
but that even with that belief,
he may have behaved
unreasonably.
That is a very different thing.
- Is that so.
- Yes it is.
You and I saying
"That his belief is not
per say unreasonable.
And I say "That
given his beliefs,
his reactions were reasonable."
- The judgment of
this court as follows.
The accused is found to have
a belief in an evil spirit
known as a Tikoloshe.
The belief itself cannot
be said to be unreasonable.
It mitigates in
favor of the accused.
However, a reasonable man given
the beliefs of the accused
would still, in the
opinion of this court
have been more careful before
lashing out with a hatchet.
The accused is guilty
a of culpable homicide.
(soft orchestral music)
All rise.
(soft orchestral music)
(door opens and closes)
(soft orchestral music)
(car engine stops)
(soft orchestral music)
- Sipo (indistinct).
- Mama.
(soft orchestral music)
- Sipo.
- Tandy.
(birds chirping)
(door opens)
(speaking in foreign language)
(sing in foreign language)
A Reasonable Man (1999)
Moderator: Maskath3
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