It was Masipas court yet she rarely showed she was in control.
:yes:
She should have asked Roux what the defence was and we still dont know. Good point
She shouldnt have allowed such overly-aggressive cross-examination by Roux, particularly in regard to Berger. That was just plain brutal IMO. I'm so glad this made the list as I totally agree, yet it was Nel who was accused of being brutal with his questioning OP, go figure.
She should have spoken up when so-called experts were testifying outside their area of expertise. In the case of Derman that would have ruled out a massive portion of his evidence. Could you ask for a more biased witness? And yet she let him go on and on and on. Secondly, she allowed him to be argumentative, sarcastic and openly hostile to Nel. She shouldnt have permitted that. Perfectly said JJudi, these so called 'experts' were running the show, and Nel left in the dark.
She should have cut short the testimony of the social worker who visited him in jail. Yes, JMasipa was just too polite with witnesses for OP
She should have asked Roux to provide the sound recording of OP screaming like a woman. He said he would but didnt, but we knew he wouldnt and why. The screams were an integral part of the States case. What we had instead was a woman scream in court but that same woman said she heard a man scream. Huh? If OP had demonstrated his scream, it would have been fatal for his case and if the verdict came out the same as it did, whoa, major controversy, imo.
She shouldnt have given so many adjournments when OP conveniently broke down during cross-examination. I can understand that she may have wanted to give him an opportunity to compose himself. Had she forced him to continue when he appeared to be very distressed, Roux may possibly have used that as a ground for appeal on the basis it was an unfair trial. For the most part, I would have allowed him to gain his composure in the witness box even if it took a couple of minutes. It was amazing to see him leave the courtroom only minutes later dry-eyed after more than one of these outbursts. Thank you for saying this, she was too soft on him by far and it frustrated Nel no end. I thought it was perfectly logical that Nel would ask OP, why he was crying all the time.
She should have come down hard on Roux when he wasted days and days of court time because his witnesses werent available, and this happened after a 2 week break when he had all that time to line them up. Inexcusable IMO. I agree, Roux made so many promises and broke most of them, why he even bothered I'm not sure, they had it the bag so obviously, again, moo.
As it stands at the moment, there are countless poor people whove been locked up while waiting for their day in court, some of whom have probably been waiting for a couple years while OP goes home to his uncles mansion every night, has a holiday in Mozambique and goes out to nightclubs.
IMO this trial should have been over in a matter of weeks. Basically what changed from his initial version in his bail affidavit and plea explanation? Nothing except lies and tailoring. As Judge Greenland said, Masipa bought his whole story hook, line and sinker. He should have saved his tears and blubbering for the mitigation phase because thats all she needed to see to know this was a genuine sign of his remorse.