Oscar Pistorius - Discussion Thread #64 ~ the appeal~

[JudgeJudi]

...yes...but to sell or to buy ...?

OP was spotted regularly over a period of several months at Jewel City in the heart of Johannesburg according to four independent sources who have seen him there. This is the place where merchants, under strict security, trade in diamonds and gold. Security staff who guard the entrance like prison wardens say they see him regularly.

At the time the article was published, Anneliese Burgess, spokesperson for the Pistorius family, had not responded to questions about whether Oscar was doing business in the diamond and gold industry. It was not clear whether he was going to Jewel City for business or personal reasons.

http://www.news24.com/Archives/City-Press/Oscar-Pistorius-and-the-diamonds-20150429

 

[Mr Fossil]

Intl Supporters of #OscarPistorius to hand petition to Min Masutha re objection to suspended release.@ANN7tv

Min Masutha's office refuses to accept #OscarPistorius petition objecting to his suspended release. @ANN7tv

International Supporters for #OscarPistorius got over 3,000 local and intl signatures for their petition. @ANN7tv

Correctional Services Commissioner accepts #OscarPistorius petition re objection to release. @ANN7tv

See https://twitter.com/TheMikeAppel

 

[Mr Fossil]

Barry Bateman ‏@barrybateman
#OscarPIstorius’s legal team has filed its heads of argument at the Supreme Court of Appeal. BB

I’ve given to our online team. I’ll link to them once they’re up.

Nothing new really - first attacking court’s decision to grant appeal, then arguing Masipa got it right on dolus.

#OscarPistorius appeal argument is scheduled to take place in November. A specific date has not been set. BB

http://ewn.co.za/2015/09/16/Pistoriuss-lawyers-challenge-Judge-Masipas-ruling

 

[Mr Fossil]

Karyn Maughan ‏@karynmaughan
#OscarPistorius lawyers say state victory in appeal won't mean he's convicted of murder - but can result in a retrial @eNCA

#OscarPistorius lawyers have filed 40 page argument at the Appeal Court, fighting state bid to overturn his culpable homicide conviction.

#OscarPistorius lawyers on Judge Masipa:"her conduct, demeanour, decorum..in the face of continuous public scrutiny,made this country proud"

#OscarPistorius lawyers say state appeal makes it clear prosecutors still believe he had direct intent to murder Reeva Steenkamp @eNCA

#OscarPistorius lawyers say his possible retrial would violate principle of double jeopardy - that you can't be tried twice for same crime

#OscarPistorius lawyers argue state appeal doesn't raise questions of law, but rather questions of fact. Questions of fact can't be appealed

#OscarPistorius lawyers: state disregarded court findings that OP suspected intruder was in his house and acted to protect himself and Reeva

#OscarPistorius lawyers: Judge Masipa finding that OP didn't have necessary intention to kill is consistent with the facts @eNCA

#OscarPistorius lawyers: state appeal arguments are attempt to reintroduce failed case of dolus directus (that OP intended to murder Reeva)

#OscarPistorius lawyers: state views proving OP guilty of murder with indirect intent as "consolation prize" for not proving direct intent

#OscarPistorius has spent an estimated R18million on legal fees. His lawyers say his ability to afford retrial is "non-existent" @eNCA

 

[JudgeJudi]

Barry Roux has told the Supreme Court of Appeal that OP cannot afford a new trial, saying it would be too long and complex.

The initial trial was subject to intense public scrutiny which would "contaminate and confuse" the reliability and objectivity of witnesses and proceedings in a new trial.

Roux says OP’s "financial ability" for a new trial is "non-existent." He adds that he further faces the risk of double jeopardy in that he would be charged with murder again, on the same facts, a charge of which he was acquitted.

Roux said if the SCA agreed with the State's argument, its only approach would be to consider referring the matter for a new trial.

Roux said dolus eventualis would have arisen if OP had foreseen that Steenkamp could be in the toilet when he first four shots through the door. Masipa however found Pistorius believed she was in his bedroom at the time.

http://www.sabc.co.za/news/a/b32cee0049e0a1959e1cbfb28a2b9957/-

 

[Mr Fossil]

Pistorius's parole decision made on Friday

PRETORIA – While Oscar Pistorius finds out on Friday whether he will get parole, his lawyers are fighting an appeal which could see him stay in jail for many more years.

https://www.enca.com/south-africa/pistoriuss-parole-decision-made-friday

 

[Mr Fossil]

What does the future hold for Oscar Pistorius?

Karyn Maughan discusses the appeal and the parole review board possibilities.

On Parole
CSPRB sitting in Durban
Defence has made submissions to CSPRB but has been refused right to argue in parole review
CSPRB may refer the matter back to the Parole Board or they could grant parole themselves
Recent Correctional Services memo states everyone sentenced under 176(i) must serve 1/6 before being considered for parole, having widespread impact
Not known if Reeva's family will attend or make further submissions through lawyer to CSPRB

On Appeal
Defence filed Appeal Heads of Argument yesterday
Defence say retrial the best the State can hope for but this violates principle of double jeopardy
SCA will be 5 judges

OP is bankrupt, trial has cost him ~R18m
Defence not getting paid at this point

https://www.enca.com/media/video/what-does-future-hold-oscar-pistorius

 

[Interested Bystander]

The following article I found very interesting and I believe it may show why Nel may have a big struggle to win the appeal.

I have no doubt in my mind that Pistorius knew exactly what he was doing and I think the author alludes to this himself but continues to make a good case for DE not being the correct verdict under present SA Law. I am of the opinion that the most we can realistically expect is the law being altered to make it clearer in future trials.

I have read Professor Grant’s opinion on several occasions and I hope it prevails but I am concerned the argument below indicates the possibility that there will be no change to OP’s sentence.

"Judge Masipa was right on Dolus and murder"
NicholasTaitz

Nicholas Taitz is a litigation attorney in Johannesburg, focussing on regulatory law. He is a director of the firm Knowles Husain Lindsay Inc, and holds the degrees of BA (Honours in Philosophy) LLB, all from Wits.

"Whether or not you believe Oscar Pistorius’ version of events or trust him as a reliable witness, you cannot fault Judge Masipa’s understanding of the law.”

http://www.dailymaverick.co.za/opinionista/2014-09-12-judge-masipa-was-right-on-dolus-and-murder/#.VBp3fPNIQTM.twitter

 

[JudgeJudi]

Karyn Maughan @karynmaughan

#OscarPistorius parole review happening tomorrow. No official word on where, but we've been told Durban. His lawyers refused right to appear

 

[JudgeJudi]

Karyn Maughan @karynmaughan

#OscarPistorius parole first to be questioned by Minister over when it was granted. Over 3000 inmates already released under same conditions

 

[Mr Fossil]

The drama that defined Oscar Pistorius's parole application

JOHANNESBURG - Oscar Pistorius should know by the end of tomorrow if and when he will be released on parole.

The parole review board is expected to meet in Durban to consider the legality of the Paralympian’s release.

Pistorius’s lawyers have not been given the right to attend the hearing.

http://www.enca.com/south-africa/drama-defined-oscar-pistorius-parole-application

 

[Trotterly]

The drama that defined Oscar Pistorius's parole application

JOHANNESBURG - Oscar Pistorius should know by the end of tomorrow if and when he will be released on parole.

The parole review board is expected to meet in Durban to consider the legality of the Paralympian’s release.

Pistorius’s lawyers have not been given the right to attend the hearing. http://www.enca.com/south-africa/drama-defined-oscar-pistorius-parole-application

BIB Seems rather silly given the circumstances. :facepalm:

 

[cottonweaver]

What does the future hold for Oscar Pistorius?



On Appeal
Defence filed Appeal Heads of Argument yesterday
Defence say retrial the best the State can hope for but this violates principle of double jeopardy


https://www.enca.com/media/video/what-does-future-hold-oscar-pistorius

RSBM

since when has the state been "hoping" or pursuing a re-trial?
A classic Rouxism

 

[cottonweaver]

What does the future hold for Oscar Pistorius?


OP is bankrupt, trial has cost him ~R18m
Defence not getting paid at this point

https://www.enca.com/media/video/what-does-future-hold-oscar-pistorius

RSBM
Have I missed something? So OP has been officially declared bankrupt?

No, I didn't think so.

“Before he shot dead Reeva Steenkamp on Valentine’s Day last year, the 27-year-old sporting hero told the court, he was earning 5.6 million rand (£313,000) a year – although local sports agents had speculated the value to be four times that…..


Oscar’s father Henke, a mine owner, was not as successful as his brothers and was declared bankrupt when Pistorius was a child. But he still managed to send his children to top private schools.”

the trial costs were est at R18million/ £870k- his property portfolio alone would apparently have paid for half of the trial costs.


daily telegraph 17/9/14 : Oscar Pistorius: Financial ruin or a return to riches?

DECLARED assets at bail hearing are here:
http://www.foxnews.com/sports/2013/...pistorius-as-laid-out-in-his-court-affidavit/

 

[cottonweaver]

Karyn Maughan ‏@karynmaughan 11h11 hours ago
#OscarPistorius lawyers on Judge Masipa:"her conduct, demeanour, decorum..in the face of continuous public scrutiny,made this country proud"

Now that really is silly. :facepalm:

Or, maybe it's true, Defence Team are working pro-bono and an intern at Ramsay Weber came up with that one?:laughing:

 

[Trotterly]

RSBM

since when has the state been "hoping" or pursuing a re-trial?
A classic Rouxism

Easy to understand if you follow the response to the appeal.

It would be the only way to get around Masipa's factual findings.

 

[Trotterly]

RSBM
Have I missed something? So OP has been officially declared bankrupt?

No, I didn't think so.

“Before he shot dead Reeva Steenkamp on Valentine’s Day last year, the 27-year-old sporting hero told the court, he was earning 5.6 million rand (£313,000) a year – although local sports agents had speculated the value to be four times that…..


Oscar’s father Henke, a mine owner, was not as successful as his brothers and was declared bankrupt when Pistorius was a child. But he still managed to send his children to top private schools.”

the trial costs were est at R18million/ £870k- his property portfolio alone would apparently have paid for half of the trial costs.


daily telegraph 17/9/14 : Oscar Pistorius: Financial ruin or a return to riches?

DECLARED assets at bail hearing are here:
http://www.foxnews.com/sports/2013/...pistorius-as-laid-out-in-his-court-affidavit/

I don't think he owned all if indeed any of them as I believe they were already mortgaged.

 

[aftermath]

I don't think he owned all if indeed any of them as I believe they were already mortgaged.

I also think it was widely reported that much of his income was dependent on sponsorship -which has obviously all dried up now

 

[Mr Fossil]

RSBM

since when has the state been "hoping" or pursuing a re-trial?
A classic Rouxism

The State has it as an option in their HoA

65. We argue that section 322(1)(b) is applicable and therefore the court may give the judgment that ought to have been given at the trial which is a conviction on the main count of murder.

The court may act in terms of the provisions of Section 322(4), which in our respectful submission empowers the court to order that new proceedings be instituted on the original charge as if the accused/respondent had not previously been arraigned

Would the latter underlined phrase avoid the double jeopardy issue?

 

[Mr Fossil]

RSBM
Have I missed something? So OP has been officially declared bankrupt?

No, I didn't think so.

“Before he shot dead Reeva Steenkamp on Valentine’s Day last year, the 27-year-old sporting hero told the court, he was earning 5.6 million rand (£313,000) a year – although local sports agents had speculated the value to be four times that…..


Oscar’s father Henke, a mine owner, was not as successful as his brothers and was declared bankrupt when Pistorius was a child. But he still managed to send his children to top private schools.”

the trial costs were est at R18million/ £870k- his property portfolio alone would apparently have paid for half of the trial costs.


daily telegraph 17/9/14 : Oscar Pistorius: Financial ruin or a return to riches?

DECLARED assets at bail hearing are here:
http://www.foxnews.com/sports/2013/...pistorius-as-laid-out-in-his-court-affidavit/

The term 'bankrupt' was probably a figure of speech used by Karyn Maughan but it's probably not far off the truth. His declared assets at the bail hearing, net of mortgages, were R6.8m, well below R18m and that's before the undisclosed Cassidy settlement is taken into account. He no longer has an income. I'd imagine his Uncle has funded some of his costs to date.