"The judgement has been deeply puzzling; one hopes that Judge Masipa will soon clarify the decision that took our breath away. It’s logic is far from obvious, and demands further explanation.
Nel must surely appeal this as a misinterpretation of the law, to a higher court, or
as a precedent it could cause serious problems in the legal system. Asking for a verdict of Premeditated Murder was a stretch too far, unlikely to succeed, and she rightly rejected that option. The Prosecution’s version may, of course, be true, but the State didn’t and couldn’t, prove it.
One of the assessors several times interrupted the Judge with whispers, twice leading to a short adjournment : one must wonder what this was about. It’s really unusual, and not explained. "
"
Puzzles remain
- The judge took it as fact that the light in the toilet was out. Why were the police and others not asked about this?
- Oscar fell asleep with lights on, why did he suddenly want total darkness to the extreme extent of wanting to hide the tiny blue LED light?
- Did she conclude that Oscar couldn’t have known that firing four highly destructive bullets at someone would not be likely to kill them?
- Was it not believable when considering a charge of murder, but obvious when considering Culpable Homicide?
- Why was she quoting evidence of Oscar’s distress, as somehow establishing innocence?
I don’t recall anyone suggesting it was entirely faked, what had it to do with guilt or innocence? "
I thought murder was a slam dunk like many others and the "pistorius defence" will have to be addressed. (This is a great article.):moo:
http://www.health24.com/Columnists/Is-Judge-Masipa-letting-Oscar-get-away-with-murder-20140912