Trial Discussion Thread #50 - 14.08.8, Day 40 ~final arguments continue~

DNA Solves
DNA Solves
DNA Solves
Status
Not open for further replies.
True - either way, it doesn't leave much time after. And it gives OP an alternative explanation for the screams.

As for the "help help help" supposedly uttered (edit: "screamed") by OP BEFORE the shots, I'd like to hear the explanation for that?

There is definitely some witness confusion (ETA: "difference in testimony") on this according to my timeline, which I put together some while ago. Dr Stipp has 'help, help, help' shouted after second set of 'shots', which makes sense and is also in keeping with OP phoning for help at the same time also. I think Berger and Johnson have 'help, help, help' before, as you say. Not sure what to make of this. I'll listen to their testimony again tomorrow. They can't all be right.
 
Well, I know most of you think this is an easy matter of determining OP guilty - but Roux is effectively smashing the state's case with instance after instance of reasonable doubt

In his closing argument without proof I agree.
Why didn't he do this during the trial?
Horse/cart/door/bolted.....................whatever..................judge and assessors are not idiots and nor are people on here with all due respect:)
 
I agree with you to a certain extent.
I don't think Nel needs to argue his case anymore and definitely not by discrediting the defence.

In a game of poker..............Nel already has a full house................5 witnesses to Reeva screaming for her life.
The rest ( bat strikes/gun shots/distance away/curtains in the way/light on) really are all academic.

OP executed her quite simply no doubt about it..................Roux is muddying the waters as he must.
As a lawyer I'm surprised/nay astounded you cannot see this?

Not once has the defence refuted the ear witness testimony of the 5 witnesses with concrete evidence they didn't hear what they heard.

Are you honestly telling me the judge and her 2 assessors are going to rule that ear testimony out?

Forget about the rest of the evidence.................Nel knows this is the crucial piece of the jigsaw and has left 'well alone' pieces that would only fog the issue..................jeans outside bathroom window in garden/damage to bedroom door/pellet hole through bedroom door/smashed bath panel etc etc.
AIMVOHOOC :)

Agree, absolutely.
But what does AIMVOHOOC mean?
 
True - either way, it doesn't leave much time after. And it gives OP an alternative explanation for the screams.

As for the "help help help" supposedly uttered (edit: "screamed") by OP BEFORE the shots, I'd like to hear the explanation for that?

Why do you want more time after the gunshots…?

OP kicked the door panel and pried it out… unlocked and opened the toilet door… dragged Reeva's body outside into the bathroom… went into the bedroom to grab his phone and dialed Stander… all this in 3-4 minutes

How much more time do you think OP required to do that ?

Having OP's "explanation" for the screams does not negate the corroborated ear witness testimonies
 
Just wondering, what language has this trial been transcribed in? I'm having nightmares about the interpreter(the one that Burger iirc had to interpret her own testimony for) paraphrasing what the witnesses and the lawyers said and the judge running with it... :gaah:

The court transcripts are in english… but a recording is also available.
 
The court transcripts are in english… but a recording is also available.

I believe the defence also supplied a transcript to the judge of the testimony that was given in Afrikaans
 
Hi and welcome. Perhaps Ms Burger was right, when pressed by Roux, that the 'help, help, help' may have been mocking. If we share the same low opinion of Pistorius that would not be beyond belief. He comes across as sarcastic quite often.

I'm interested in hearing your ideas in relation to the question posed in post 890 on p. 36 re what was OP doing in the 10 or so minutes between firing the gun and breaking down the door since you seem to accept his version. TIA

Well on the Defence's case the shots were between 3:12-3:14, so that leaves only 5 minutes before the first call. In that time he went to the bedroom, searched for her there, put on his legs (30 secs approx), went back to the bathroom, kicked the door, back to the bedroom, hit the door with the bat, broke down a panel, took reeva out of the toilet, went back to the bedroom and made the call.

Plenty to be doing in 5 minutes. Not enough time to do in one and a half mins as the state has been forced to argue (or at least there is reasonable doubt there).
 
ah ... I see what roux’s doing, the smarmy marmot.

Scrambled to have daddy pistorius belatedly take the rap for the .38 ammo (omgwtfseriously? Lol) + have baby boy pistorius bravely admit “negligence” for the tasha’s shooting - all in the wildly desperate hope that once my lady sees how contrite oscar is, how he’s finally manned up, has plead “guilt” on this gun charge, she will be moved by admiration and pity to acquit him of murder and ch. Who could possibly send such an honest, heroic boy to prison? Why, the dear angel could never have shot four black talons into a screaming, terrified, trapped woman!

[oscar smiles sweetly here and bats his innocent eyes: “i’m really busy tweeting more sappy, sanctimonious bible-tweets ... And furiously planning a lavish private getaway to the mozambique coast on tripadvisor.com and whatsapp’ing some blonde chick named keleavia, who says she’s the head cheerleader of the we luv u oscar! Fan club. Awesome. But, she’s so gonna have to get rid of those cheezy, annoying white balloons - totally not good for the oscar brand and well, they just terrify me when they pop. Hell, if things really go south (i have thrown everyone but god under the bus, haven't i?), i may just stay in mozambique with bambi or summer or kaleesa or whatever the f her name is, i don’t remember! You can't make me!”]

oh, hell, no!

I believe my lady will clearly see that oscar pistorius is now officially a f##king documented liar.

He lied about tasha's - why wouldn't he lie about feb. 14 - far more serious?

His perjured testimony should be stricken from the record in its entirety.

Then what’s left?

Nel. :d

remember - the bull dog took down jackie selebi, ex-national commissioner of south african police services and ex-president of interpol. If he can bring down big game like selebi, a pathetic weasel like oscar doesn’t stand a chance.

(wonder if Össur makes cheetah flex-foot in prison orange? :))

lol!!
 
Not at all. I have an open mind. I started wanting/believing to find OP guilty, but now I'm not so sure. But anyway, we'll find out the verdict soon enough :)

Jeez…

4 witnesses say they saw a red car… the color of the car is NOT an inference it is a fact in evidence subject to credibility and reliability assessment.

If the accused says that his red car could not be the one the witnesses saw because he was driving fast making his car appear grey… that does not constitute proof that the 4 witnesses are mistaken about the color of the car they saw… it does NOT transform the color of the car from fact to inference… it does not even raise a doubt, much less a reasonable doubt.

Furthermore, there is no proof that the accused was driving fast.

4 witnesses say they heard a woman scream… the sex of the person screaming is NOT an inference it is a fact in evidence subject to credibility and reliability assessment.

If the accused says that his voice changes to a woman's voice when he is scared...that does not constitute proof that the 4 witnesses are mistaken about the sex of the person screaming… it does NOT transform the sex of the person screaming from fact to inference… it does not even raise a doubt, much less a reasonable doubt.

Furthermore, there is no proof that the accused was scared and that when scared his voice does change into a woman's voice.

The witnesses did NOT say it was a woman screaming because they were told that a woman had been killed.

An inference is when you deduce an unknown fact from a known one… this is NOT the case with the screaming.

Look it up… it might enlightened you on legal terminology. :)
 
Well on the Defence's case the shots were between 3:12-3:14, so that leaves only 5 minutes before the first call. In that time he went to the bedroom, searched for her there, put on his legs (30 secs approx), went back to the bathroom, kicked the door, back to the bedroom, hit the door with the bat, broke down a panel, took reeva out of the toilet, went back to the bedroom and made the call.

Plenty to be doing in 5 minutes. Not enough time to do in one and a half mins as the state has been forced to argue (or at least there is reasonable doubt there).

Why does he need to do all of this? Reeva has stopped screaming so all of his going and froing, screaming all the while is unnecessary.
 
Jeez…

4 witnesses say they saw a red car… the color of the car is NOT an inference it is a fact in evidence subject to credibility and reliability assessment.

If the accused says that his red car could not be the one the witnesses saw because he was driving fast at night making his car appear grey… that does not constitute proof that the 4 witnesses are mistaken about the color of the car they saw… it does NOT transform the color of the car from fact to inference… it does not even raise a doubt, much less a reasonable doubt.

4 witnesses say they heard a woman scream… the sex of the person screaming is NOT an inference it is a fact in evidence subject to credibility and reliability assessment.

If the accused says that his voice changes to a woman's voice when he is scared...that does not constitute proof that the 4 witnesses are mistaken about the sex of the person screaming… it does NOT transform the sex of the person screaming from fact to inference… it does not even raise a doubt, much less a reasonable doubt.

The witnesses did NOT say it was a woman screaming because they were told that a woman had been killed.

An inference is when you deduce an unknown fact from a known one… this is NOT the case with the screaming.

Look it up… it might enlightened you on legal terminology. :)

Thanks - but no need, I'm a qualified and practising barrister so I know legal terminology. Please don't forget that they didn't just hear a woman screaming - they heard a a man too. Both (male and female) were in fear of their life. Both (male and female) were anxious screams. Remember, burger's initial reaction was that the man had been killed in front of the woman. It simply isn't consistent with an argument that got out of hand for witnesses to have heard OP screaming in terror and anxiously.
 
Well on the Defence's case the shots were between 3:12-3:14, so that leaves only 5 minutes before the first call. In that time he went to the bedroom, searched for her there, put on his legs (30 secs approx), went back to the bathroom, kicked the door, back to the bedroom, hit the door with the bat, broke down a panel, took reeva out of the toilet, went back to the bedroom and made the call.

Plenty to be doing in 5 minutes. Not enough time to do in one and a half mins as the state has been forced to argue (or at least there is reasonable doubt there).

Do tell where the "between 3:12-3:14" comes from.

BiB.. now you are down to 1.5 minutes… why not say 30 seconds… the time is 3-4 minutes : from 3:15-3:16 to 3:19

Just hate it when posters bend the facts more and more to suit their arguments...
 
I find it absolutely gob-smacking that people are still talking about not guilty verdicts as if they think a reasonable outcome would be for OP to walk free from court.

At the very, very least he is going to be found guilty of culpable homicide. That means guilty of killing someone carelessly, as if their life meant nothing. Even if that was all he had done, he would be worthy of nothing but contempt. I believe he did so much more.

Please feel free to correct me if I am wrong, but I thought we had established that if OP acted in a way which he knew was lethal knowing that a human being (any human being) was in the toilet stall, then that is murder. There is absolutely nothing to suggest that he was under threat at the time he fired the gun four times. Nothing.

Precisely what are people expecting him to be found not guilty of?

Whether it turns out to be premeditated or CH, he is still guilty of murder. He took someone else's life.

I also don't get why so many don't think premeditated will stick, what else would you call deliberately, supposedly during a moment of blind panic in the "pitch black" bedroom, going and getting your gun from a location that you normally didn't keep it, unholstering it, making sure it was primed, cocked(whatever it's called) and ready to fire, then running/walking/creeping down a hallway, bracing yourself against a wall/counter and then shooting four separate times/pulls through a closed door into a room where you were convinced that a live person was, oh and then stopping short of emptying the cartridge, just in case you needed to shoot again?
 
Perhaps Ms Burger was right, when pressed by Roux, that the 'help, help, help' may have been mocking. If we share the same low opinion of Pistorius that would not be beyond belief. He comes across as sarcastic quite often.

I am more cynical, and I suggest that Pistorius shouted for help to add to the plausibility of his "intruder" story. The whole "I thought she was an intruder" excuse is such an obvious one that he would have needed no time to think it up.

I've never given any weight to the mockery suggestion, I think Ms Burger came up with it in desperation to shut Roux up. It doesn't sound very likely to me.
 
Thanks - but no need, I'm a qualified and practising barrister so I know legal terminology. Please don't forget that they didn't just hear a woman screaming - they heard a a man too. Both (male and female) were in fear of their life. Both (male and female) were anxious screams. Remember, burger's initial reaction was that the man had been killed in front of the woman. It simply isn't consistent with an argument that got out of hand for witnesses to have heard OP screaming in terror and anxiously.

BIB This simply isn't consistent with OP not hearing/knowing it was Reeva.
 
Do tell where the "between 3:12-3:14" comes from.

BiB.. now you are down to 1.5 minutes… why not say 30 seconds… the time is 3-4 minutes : from 3:15-3:16 to 3:19

Just hate it when posters bend the facts more and more to suit their arguments...

Defence case is shots were between 3:12-3:14 - have you actually read their Heads of Argument.....? It makes the point clearly e.g. para. 284. I'm not bending the facts at all - just stating the Defence's case.
 
Thanks - but no need, I'm a qualified and practising barrister so I know legal terminology. Please don't forget that they didn't just hear a woman screaming - they heard a a man too. Both (male and female) were in fear of their life. Both (male and female) were anxious screams. Remember, burger's initial reaction was that the man had been killed in front of the woman. It simply isn't consistent with an argument that got out of hand for witnesses to have heard OP screaming in terror and anxiously.

Nice try… but utterly unconvincing.

You adopt Burger and Johnson to make this point but on other occasions you will say they cannot hear, or they are not credible or reliable, etc… make up your mind.

If they heard both a man and a woman screaming… then OP could not have screamed alternatively with a man's and a woman's voice, now could he ?… even less so with intermingling of the 2 distinct voices… unless OP is the best ventriloquist that the world has ever seen !!!

That means Reeva was screaming… and therefore OP knew he was shooting at Reeva… ergo murder.
 
Status
Not open for further replies.

Members online

Online statistics

Members online
85
Guests online
2,481
Total visitors
2,566

Forum statistics

Threads
600,783
Messages
18,113,354
Members
230,991
Latest member
DeeKay
Back
Top