And very timely IB in that Roux dropped in the point at the end of the trial that some of his witnesses were intimidated by the trial media coverage and so did not give evidence.
Obviously it is a nonsense in so far as any witnesses that testified were given the option of not being filmed but yes it is rare that trials are televised there.
here was Ulrich Roux a while ago (sorry no link any more, can't re-find it)
"“The Supreme Court might then uphold or dismiss the sentence. They are also entitled to impose a harsher sentence, but if that is a possibility they have to notify the accused before the time,” Roux said.
Should the court uphold a prison sentence, Pistorius would then be able to take the matter to the Constitutional Court – the highest court in the land – as a final resort. He would only, however, be able to argue his case on constitutional grounds.
“The most glaring reason in that regard would be that he feels that his right to a fair trial was violated*by the case being televised,” Roux said."
Cotton, here's your Ulrich Roux link:
http://www.enca.com/oscar-trial-could-set-new-precedent-televised-court-cases
On the same subject, defence lawyer William Booth said there were two possible grounds for appeal - that of OP claiming he was badgered by the State and that of witnesses not being called because they did not want to be televised.
"If your client is being badgered, you get up as a lawyer. You object. There is also duty on the judge. I don't believe you can sit back".
Masipa called a timeout every time OP broke down, and she reprimanded Nel once or twice. If anyone did badgering in this trial it was Roux. Every newspaper reported on the grilling he gave to Michelle Burger. That was brutal, and she was only an ear witness, not someone accused of murder.
Booth said the issue of witnesses was not a relevant point because the judgment on the televising of the case made provision for witnesses being called in camera (i.e. in the judge's chamber or when spectators have been removed from the courtroom).
http://www.enca.com/oscar-trial-could-set-new-precedent-televised-court-cases
How Barry Roux could use either of these as the basis of an appeal is totally beyond me.
1. He gave his consent to the trial being televised providing that defence witnesses, including OP, not be shown.
2. His so-called witnesses who said they wouldn't appear could have done so if Roux asked Masipa to remove the spectators from the court. Who were these witnesses anyway, friends? Ha, this was Roux's excuse because I doubt there was anyone who wanted to come forward in mitigation. Roux was saving face IMO.
They should call Roux the Silver Fox - sly and cunning.