Discussion Thread #60 - 14.9.12 ~ the appeal~

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Barry Bateman @barrybateman · 18 Min. Vor 18 Minuten

#OscarPistorius Professor James Grant, former Wits law professor, is here. He assisted the state formulate its argument. BB

Twitter: only Bateman? Others are not actual.
CNN Live Feed= not actual.
 
Nel: He was trained in the use of firearms. He was in his own home. He fired 4 shots into a small toilet, locked door, person had no means of escape.
 
I would like to have seen the two bearded brothers.
 
Masipa and her "mercy"! Any excuse to help OP skate.

WHY should any sentence be required to have an "element of mercy"? Where in the law is this stated?

All too many killers deserve NO mercy.

I think Masipa grossly confuses mercy and justice.
 
Nel moves on to the state’s challenge against the conviction of culpable homicide. Prosecutors want to revive the prospect of a murder conviction

Nel says the state has “no problem” with the way the judge summarised the actions of Pistorius in her ruling. But the sentence is “shockingly inappropriate”, he repeats. There is a reasonable prospect of convincing another court to impose a longer sentence, he argues.

http://www.theguardian.com/world/li...ecution-appeal-culpable-homicide-verdict-live
 
Nel: the ct did not take into account, as it should have, ALL the CIRCUMSTANTIAL EVIDENCE... the court did not do that.

It weighed them each separately, as a feather, and dealt with them separately, and not as a whole....as it should have.


The court should not reject the defendants version, and contsruct a different version of the story for itself, to rule upon.
 
Slow down Gerrie. Take your time and spell it all out, nuts and bolts. I think he's rushing hrough his heads. Why should he? He should be talking to Masipa SLOWLY so she can digest it, and MAYBE remember what he's saying.

Roux will take his sweet time and ramble on and on. She'll remember every word.
 
None of the links seem to be working except 702, but that doesn't seem to be streaming live coverage, just news updates. The SABC's not available here either. :( :/
 
Nel says the court “may have erred” in its application of the principles of dolus eventualis (the argument Pistorius foresaw that his actions in firing four shots into the door could have led to the death of the person behind it, but went ahead anyway – which would have meant a conviction for murder).

The court should have taken account of the circumstantial evidence as a whole in determining whether Pistorius acted with dolus eventualis, Nel says.

The court erred, with respect, in finding that the accused’s version was reasonably possibly true.

Nel returns to a favourite theme from the trial: that Pistorius had more than one version of his defence, which could not all be true and were “mutually destructive”.
 
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