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Not quite Mr Fossil - the trial needs to go to completion, and fairly and squarely. If a judgment is set aside on the grounds of a material error in law, then double jeopardy does not apply and cannot prevent a retrial. You don't need to make much of an argument for this, it is laid down in...

Pistorius' 5th defence?

Cpt Mangena's report - dated 21st May 2013. Wolmaran's report - dated 23rd April 2014. Let's not forget possibly the biggest story in the trial. The prosecution forensic experts laid a stellar case piecing together what happened behind the door, with great performances on the stand. It...

The pdf is a scan. You see the optical scan, but you can also search and copy text which is there in a 'hidden layer' and has been read through Optical Character Recognition. This is a really neat optional feature in creating pdf files (you may have wondered before how you can search and copy...

Well, you get the patient's consent/the other people contact medical help first or come in with the patient and you listen to the relevant information/you follow your higher duty to act in the patient's best interests or the safety of others, usually in an emergency and/or protected by a mental...

I'm from the UK, I was a medical student, my partner is a doctor. She has worked quite a bit in psychiatry, and I spent 3 months doing clinical research in psychiatry on elective in the US. Collateral history (from other people, family members, friends, colleagues) is a recognised, well-used...

A legal interlude: Is it true that there is a min sentence of 5 yrs for any culpable homicide involving a firearm? No, this law was amended in 2007. There is no such minimum sentence. Is it true that the state cannot appeal a sentence unless the accused mounts an appeal first? No, this...

I know the evidence discussed in the question is both circumstantial and "non-human". But circumstantial evidence doesn't mean "non-human", and direct evidence doesn't mean "human". The statement that one is more reliable and unchangeable than another therefore doesn't really hold, and may...

It's good to have an optimist on board, but unfortunately, Nel doesn't hand down the sentence. Masipa has delivered her judgment. OP is not found negligent on the grounds of believing it was an intruder or believing he must be under attack from the toilet. I've said it before and I'll say it...

The more I look over the judgment, the more astonished I become. Masipa dismisses the WhatsApps because she says the state claimed this proved motive for murder - the relationship was on the rocks and this was why he wanted to kill Reeva. Was this anybody else's understanding of the state...

One irrational line of reasoning in the judgment I haven't seen mentioned much: Basically, Masipa says how could he have come up with his version at the bail application before he was privy to the state evidence? This makes no sense to me. He didn't offer a detailed alibi defence which the...

The sentence would be changed accordingly, as set out in s322(1)(b) of the Criminal Procedure Act: "In the case of an appeal against a conviction or of any question of law reserved, the court of appeal may give such judgment as ought to have been given at the trial or impose such punishment as...

Calling an expert sleuther who knows the witness testimony inside out! Which witnesses, if any, testified that they heard repeated screams after the first shot?

Does anyone know Masipa's experience with criminal vs civil cases? In a civil dispute, parties' behaviour is usually very telling and can help decide matters. Where the claim is he said this and this was agreed, then what they actually did after said event can help settle it. A judge can often...

"There's no such thing as a bad coincidence" - Lost Highway, a film by David Lynch. OP had an argument with Reeva about meals before - so she apologised in one of her whatsapps, saying she would cook healthy meals for him from now on, and she said she was scared of him sometimes and how he...

The court has implicitly rejected key aspects of Prof Saayman's and Cpt Mangena's evidence as impossible, it's the only explanation. It's clear to me a certain assessor saw this as a chance to play at CSI, and be devil's advocate for the defence all at once, and failed miserably in their proper...

Oscar Pistorius Voice Evidence: https://soundcloud.com/pandax81/oscar-pistorius-voice-evidence

In any event, an independent witness testified - significantly, on behalf of the state - that he was seen vomiting profusely not long after the incident. He looked distraught and was crying like a girl for help. This court has not been given any reason to reject this account and we accept it as...

Exactly! D'you think he may have been attempting a two-tone, one might almost say 'intermingled' rendition? The faces of Nel & Cpt Van Aardt are a picture and sum it up. What on earth was he doing there, what happened, just some spontaneous re-enactment? Why didn't he just answer the question...

Be fair now, what he clearly meant is he doesn't drink alcohol with the necessary animus :giggle: