Oscar Pistorius - Discussion Thread #65~ the appeal~

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Karyn Maughan @karynmaughan
We are back. Roux referring to Canadian case on "question of law" versus "question of fact" debate. State can only appeal question of law
10:22 AM - 3 Nov 2015
 
In my humble opinion, from what we've seen so far, especially with Judge Leach right now, the Court is going to find OP guilty of murder (DE).

Leach is going through Roux's Heads of Argument and talks of Masipa's analysis of DE and says "Isn't this an incorrect application of the law". Roux is arguing with the judge. Finally, finally Reeva Steenkamp Was Her Name. These judges refer to her by name.

Roux is really raising his voice.
 
Alex Crawford @AlexCrawfordSky
#PistoriusAppeal The panel of five are firing questions at the Prosecutor, after all he's querying the competency of a fellow Judge
9:14 AM - 3 Nov 2015
 
Yes !!! Going over that her eventualis was reeva only!!! "Was this not a misdirection of law...it seems to me that it was not"
 
Barry Bateman ‏@barrybateman 4 Min.Vor 4 Minuten
#OscarPistorius Leach reading case law to Roux showing that if the court misdirects itself it is in fact a question of law. BB
 
Time: 11:31
Judge Leach is really giving Roux a difficult time. Roux fumbling a bit, asking for pages and buying a bit of time. Leach still grilling Roux at the moment.
 
And more from David Dadic:

I have said (as have many cleverer minds than me) that if this case is not eventualis then eventualis is no longer a part of our law
 
Barry Bateman ‏@barrybateman 2 Min.Vor 2 Minuten
#OscarPistorius Leach: the interpretation of dolus eventualis here is solely confined to Reeva. BB

Barry Bateman ‏@barrybateman 3 Min.Vor 3 Minuten
#OscarPistorius Leach reads Masipa’s judgment - isn’t that an incorrect application of the law?
Roux not giving straight answer. BB

Barry Bateman ‏@barrybateman 4 Min.Vor 4 Minuten
#OscarPistorius Leach: if the court doesn’t take into account certain factors the trial judge can’t effectively interoperate and apply law.
 
Roux: she made a factual finding that he genuinely believed that he was in danger.
 
Barry Bateman ‏@barrybateman 2 Min.Vor 2 Minuten
#OscarPistorius Leach: his criminal intent was aimed at the person in the cubicle. BB

Barry Bateman ‏@barrybateman 2 Min.Vor 2 Minuten
#OscarPistorius Leach: Pistorius can be convicted of murder even if he believed Reeva was in the bedroom. BB
 
Leach: It seems to be her (something) of dolus eventualis is wrong.

Excellent.
 
Leach saying that Masipa's analysis of DE seems to be wrong. How could someone as respected and experienced as Masipa not know that it didn't matter who was in the toilet when OP shot?
 
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