AJ_DS
Former Member
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This case becomes more and more peculiar:
1. First, Masipa, arbitrary as ever, refuses leave on the possession charge, but grants leave on eventualis.
2. Then, the State, surprisingly, doesn't appeal the refusal on the possession point, and waits till the eleventh hour to lodge the Appeal papers.
3. Next, the Defence, also at the eleventh hour, lodges an application for the same judge to adjudicate on exactly the same point it pleaded at the last hearing: see paras 1,2 and 3 of the Defence's Reply to the State's application for Leave to Appeal:
https://juror13lw.files.wordpress.com/2014/11/oscar-pistorius-response-to-state-appeal-on-sentence-2.pdf
The application for leave on the possession charge was practically a sure thing. In other words, not only is opinion almost unanimous that Masipa misapplied the law to the facts, but, also, no way could the Defence have argued that her decision was a question of fact.
I'm not one for conspiracy theories, but I'm beginning to feel that maybe Shane13 who used to post here was right when he said, 'This one runs deep...'
I agree… something smells fishy
After the verdict the smell seemed to originate from Masipa and the assessors… but once the dust settled I started seeing strange things in Nel's strategy… things that did not make any sense.
I too am not a conspiracy nut, but…………