it sounds like in this case neither side wants him in court.
I agree. Moreover, the more I think about it, I find I'm getting more pleased that neither Roux nor Nel had pushed to have him there. Like someone said upthread, if he can't be shown to be loyal, to turn a blind eye to domestic mishaps, he'll never find another job. Look how hard it is for whistleblowers over here. This man has no protection of any laws.
To my mind, I think it works more in the favour of the prosecution for him not to be called. If he could corroborate 'I woke up at 4 bangs, I heard Oscar scream for help from the balcony, I heard more bangs' then that would be fantastic for Oscar's argument. Moreover, that would not be something that would prevent him finding a job due to disloyalty. So that they don't want him to come in an say anything at all is quite telling (to my mind.)
But the thing is, if he were to testify, he'd be asked all sorts of questions that were outside of those specific events. Like 'did the dogs ever bark?' or 'were you ever asked to check the ladder' or 'what did wake you up if it wasn't the sound of four loud gunshots just above where you sleep?'
Over to the reason the Judge wanted to see Nel - I don't think we'll ever know, but (HUGE SPECULATION ALERT!) I wonder if she wanted to let him know that she'd spotted and jotted the extra meeting that Carice had with Oscar, so could he not pull her to pieces on the stand.
But that's MASSIVE SPECULATION and perhaps quite unlikely.
I thought that statements had to be read into the evidence
Looking over the first (incredibly dull) session of the first day, there seemed to be a mix. Oscar's statement was read in for the record. Nel read in some things giving just a brief outline (the blood and urine tests being negatives) and they were marked with an exhibit number. Other doccuments were passed over in folders and called 'admissions to the court' and they weren't read out line by line. I understand that the witness statements were in there, but Berger didn't start by reading hers out.
Another point from that first day; in his opening statement, Nel clearly says that there were only two people in the house that night. Unless he's got this incredibly wrong, I think it suggests that Frank had a room on the premises but not within the main house. But that's me inferring from what he said; he didn't explicitly pinpoint Frank's location.