Oscar Pistorius - Discussion Thread #65~ the appeal~

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Barry Bateman ‏@barrybateman 14 Min.Vor 14 Minuten
#OscarPistorius Roux: Once we keep those findings - it cannot follow that the accused is guilty of murder. BB

Barry Bateman ‏@barrybateman 15 Min.Vor 15 Minuten Übersetzung anzeigen
#OscarPistorius Roux: for the appeal to be successful, we have to strike out factual findings of the court. BB
 
Barry Bateman ‏@barrybateman 4 Min.Vor 4 Minuten
#OscarPistorius Majiedt: why not in the interest of justice can this court not give the judgment that ought to have been given? BB
 
12:25
Court covering very technical aspects, clauses, sub clauses and provisos. The judges are still grilling Roux ahead of lunch, which is expected in around 30min. It's unclear whether proceedings will continue after lunch.
 
Majiedt-- if an accused goes scout free on a technicality, 3.24 (?) allows for a retrial.
 
Barry Bateman ‏@barrybateman 40 Sek.Vor 40 Sekunden
#OscarPistorius Roux and Majiedt differ on the interpretation of the law. BB

Barry Bateman ‏@barrybateman 2 Min.Vor 2 Minuten
#OscarPistorius argument here is the question of whether this court replaces the previous court's finding or refers for retrial. BB
 
It's taking a full SCA court of Judges to reign Barry in. He ran roughshod over Masipa.
 
SCA If we find an error on the merits as opposed to a technical error, why should we not simply make the order that should have been made?

SCA points out that the respondent benefits from the factual findings that have been made.
 
Roux now refers to GAD, emphasising that OP shot out of fear.
 
Barry Bateman ‏@barrybateman 55 Sek.Vor 55 Sekunden
#OscarPistorius Roux referring to the findings in relation to the vulnerable, terrified Pistorius. His conduct must be viewed in context. BB
 
Desperation time-- Roux is referring to the two Oscars, the helpless Oscar who could not run on his stumps, leading him to fire.

Roux trying to assert the only reason Oscar had to shoot was in fear of his life. Anxious, over-reacting-- he should not have fired but in his mind he was acting in self-defense.

Female Judge says: one shot maybe.
 
SCA: how does this case differ from Oliveira?

Roux: the court rejected Oliveira's credibility.
 
Time: 12:39
It's good to note that the SCA will in advance decide who will write up the judgement. Those judges who disagree will write opposing judgments and the one with the most support from the bench will become the majority judgment. The other one will be the minority judgement. A full bench consists of five judges, in order to prevent a deadlock.
 
Roux: something must have happened too cause him to shoot at 3am in the morning.

Roux: Prof Derman's evidence supports his anxiety. He's scared, he's really scared.

He spoke to the deceased. He knew she was in the bedroom.
 
If the SCA rule that Masipa applied the law incorrectly and overturns her verdict, what are the chances of OP being allowed to stay out of jail while his own appeal gets under way? You can bet it wouldn't be fast tracked.
 
Barry Bateman ‏@barrybateman 2 Min.Vor 2 Minuten
#OscarPistorius Roux: emphasising Pistorius’s state of mind - his anxiety and vulnerability. BB
 
Okay now it seems whole case rests on Masipa's acceptance of Oscar's interpretation of the open bathroom window confirming his suspicions of an intruder.
 
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