Discussion between the verdict and sentencing

[K.T]

A32-YEAR-OLD Supreme Court of Appeal decision may scupper the state’s chances of appealing the not guilty of murder verdict in paralympian Oscar Pistorius’s favour, say two men who have dedicated their lives to prosecuting criminals.
http://www.dispatchlive.co.za/gen/oscar-verdict-a-done-deal/
:tantrum::facepalm:

Professor James Grant has just refuted this article on his twitter, he thinks their interpretation is another mistake. See his timeline for more but here are two tweets relating to appeals:

"@CriminalLawZA: ... State's right to appeal arises from s310 of CPA where a decision of law is made "in the accused's favour";

"@CriminalLawZA: ... s319 relates to "reservation of law" questions - which require acquittal on charge and competent charge - Seekoei is authority for this."

 

[Lyra500]

Is there a way to opt out of seeing pics of poisonous Pistorius, the sight of him nauseates me.

I am sorry if I have added to your distress.

Many, many months ago and possibly on a different forum I said that I was minded to refer to OP as PLOP from then on. I think it was after the restaurant charge had been covered in court and it became clear that OP had lied blatantly about firing the gun.

I thought PLOP (Proven Liar Oscar Pistorius) was quite a good nickname. I think I may have to resurrect it.

What do you reckon?

 

[Cloen]

Is there a way to opt out of seeing pics of poisonous Pistorius, the sight of him nauseates me.

perhaps just a link to a photo,then we can chose to look at him- it's bit too large with respect
https://twitter.com/ejcs/status/510390586806128641/photo/1
we need one of these I think........ as seen in Court
http://imgur.com/s2gF27d

 

[Feynman]

His cold, empty eyes tell the brutal TRUTH.

View attachment 58984

Oh please. Your comment is everything that's wrong with the "lynch OP" mob.

 

[Cloen]

Professor James Grant has just refuted this article on his twitter, he thinks their interpretation is another mistake. See his timeline for more but here are two tweets relating to appeals:

"@CriminalLawZA: ... State's right to appeal arises from s310 of CPA where a decision of law is made "in the accused's favour";

"@CriminalLawZA: ... s319 relates to "reservation of law" questions - which require acquittal on charge and competent charge - Seekoei is authority for this."

good -I really hope so
to think that Nel and the NPA couldn't Appeal would be really worrying

 

[Cherwell]

PLOP is a good abbreviation. As for me, I can't help reading the name as Pisporstorius. It must be a subliminal thing.

 

[whiterum]

shortened with respect... cool to look some time back.

I remember Masipa saying: " I dont want to punish him twice" ( argument for not beeing an inmate at Weskopies)

So I wait for the one.

What an astonishing and totally unprofessional remark for a Judge presiding over a premeditated murder trial where the defendant has shot a young woman to death. She did not want to punish him twice, as if she was talking about a child who is being grounded for bad behaviour.

IMO that remark alone showed bias in favour of OP and total disregard for the suffering and death of the victim Reeva and her family sitting right there in the courtroom listening to a Judge making it clear where her sympathy lies. I think the brilliant Mr Nel was wasting his breath on that woman as it appears all his effort in totally dismantling the killer's version appears to have literally went in one ear and out the other.

 

[jay-jay]

What do people feel about Oscar's attempt to `resuscitate' Reeva?
To me, it was more of an attempt to make absolutely sure that she can not disclose her killer's identity to others (Stander, Stipp) before she is dead. I know, this is speculation, but Oscar's action after the shooting (calling Stander, calling Netcare but God knows conveying what - no one could have told him to move her body if given the right information, telling Baba that everything was fine) together with this novel resuscitation technique lead me to believe that this speculation is more reasonable than the Judge's conclusion on the same facts that he could not have intended to kill Reeva.

BIB .. I want to know what the actual evidence was in regard to this .. if only a recording could've been played in court. There are so many things about this case which just don't fit with the 'norm' .. had this been a case in the UK, there is no way that evidence like that would've been left out, plus we would also have had things like alcohol tests, etc, on the table (regardless of whether they were postive or negative) in order to make a judgement. Instead of which, the judge has all this information to herself and none of us really know whether these things prove his guilt or innocence (and I'm going for 'guilt' because if it was innocence, then there is no reason why they should not have been presented in court as part proof of innocence .. yet they weren't .. funny that ..)

 

[Lux et Veritas]

Oh please. Your comment is everything that's wrong with the "lynch OP" mob.

Oh, please. No one's concerned about a "lynch OP mob". LOL

Mistress Karma's a flaming b#tch - she'll find OP all on her own.

There's good reason the coward OP did not allow himself to be videotaped during his testimony, why he would never look Nel in the eye. Eyes are called the windows to the soul for even more good reason. Look it up - perhaps you shall be enlightened by the science and psychology. Have a lovely evening.

 

[soozieqtips]

Just heard OP say that when he woke up that morning, "Reeva was still awake... or not sleeping"

 

[whiterum]

Is there a way to opt out of seeing pics of poisonous Pistorius, the sight of him nauseates me.

Indeed, he would remind me of rat-weasel if ever these two creatures had offspring !

 

[pandax81]

Professor James Grant has just refuted this article on his twitter, he thinks their interpretation is another mistake. See his timeline for more but here are two tweets relating to appeals:

"@CriminalLawZA: ... State's right to appeal arises from s310 of CPA where a decision of law is made "in the accused's favour";

"@CriminalLawZA: ... s319 relates to "reservation of law" questions - which require acquittal on charge and competent charge - Seekoei is authority for this."

With respect to the Professor, it appears s310 does not apply to a high court case. s319 is the relevant section. It is expressly stated in the Act. http://www.justice.gov.za/legislation/acts/1977-051.pdf

See my post earlier where I demonstrate the Act does not exclude or even seek to exclude an appeal where a competent verdict was found, and therefore Seekoei, as case law only, should be no barrier to an appeal. Edit: I just realised that my linked post was supposed to be a reply to this nice post by RosieC but I hit the wrong one! She quoted the article about Seekoei case preventing appeal by state.

 

[sleuth-d-]

BIB .. I want to know what the actual evidence was in regard to this .. if only a recording could've been played in court. There are so many things about this case which just don't fit with the 'norm' .. had this been a case in the UK, there is no way that evidence like that would've been left out, plus we would also have had things like alcohol tests, etc, on the table (regardless of whether they were postive or negative) in order to make a judgement. Instead of which, the judge has all this information to herself and none of us really know whether these things prove his guilt or innocence (and I'm going for 'guilt' because if it was innocence, then there is no reason why they should not have been presented in court as part proof of innocence .. yet they weren't .. funny that ..)

the netcare call is one of a things that i would also have liked to have heard. assuming there was a recording. there were netcare employees on the witness list i believe...

 

[Cherwell]

Indeed, he would remind me of rat-weasel if ever these two creatures had offspring !

Something I have noticed is that no one so far seems to have managed to draw a recognisable cartoon or caricature of him. I can recognise Nel, Roux and Masipa instantly in cartoons, but the Pistorius figure looks nothing like him. His look is very bland, I have never seen anything attractive in him.

 

[Cherwell]

the netcare call is one of a things that i would also have liked to have heard. assuming there was a recording. there were netcare employees on the witness list i believe...

Some of them were probably the paramedics who eventually attended the scene.

 

[jay-jay]

Some of them were probably the paramedics who eventually attended the scene.

Wouldn't they have separate call operators, like we do here in the UK? :-/

 

[jay-jay]

Oh, I see what you mean now .. the netcare employees on the witness list were paramedics .. I thought you meant the paramedics would also have been the ones he (supposedly) 'spoke to' when he called netcare.

 

[Cherwell]

There were quite a few Netcare names as I recall. I'm just saying, they were probably the ambulance personnel. The call operator may have been on the list as well.

 

[IndianSummer]

What an astonishing and totally unprofessional remark for a Judge presiding over a premeditated murder trial where the defendant has shot a young woman to death. She did not want to punish him twice, as if she was talking about a child who is being grounded for bad behaviour.

IMO that remark alone showed bias in favour of OP and total disregard for the suffering and death of the victim Reeva and her family sitting right there in the courtroom listening to a Judge making it clear where her sympathy lies. I think the brilliant Mr Nel was wasting his breath on that woman as it appears all his effort in totally dismantling the killer's version appears to have literally went in one ear and out the other.

That Alice in Wonderland too big for him jacket he wore at the start of the trial and that doe eyed under look ....so small so helpless. He definitely caught his stride toward the end. The suits started fitting better. I guess the play was over.
It's just too much of a kwinky dink that he and his brother have wrecked & killed...lived through their boating & car accidents and oh yeah, each of them killing a woman.




Karma is patient
JMO

 

[vanatos]

I don't usually like appealing to public as that has been very bad in alot of cases, but in this case, i pray to god the legal system has a 2nd look at
Masipa's ruling on account of serving the public interest (because everyones pissed off).