Oscar Pistorius - Discussion Thread #67 *Appeal Verdict*

[JudgeJudi]

RSBM

OMG:

http://www.news24.com/MyNews24/osca...legalising-disability-discrimination-20151207

Oscar Pistorius: Is the actions of the SCA effectively legalising Disability Discrimination?

:therethere: Calm down FG. Articles have been appearing there on a regular basis from Pistorians. This is only the view of a member of the public.

 

[JudgeJudi]

Now for something completely different.

No. 405 25 May 2012
EXTRADITION ACT, 1962
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY PROTOCOL ON EXTRADITION

We, the Heads of State or Government of:

…
The Republic of South Africa
The Republic of Mozambique
…

NOTING with concern the escalation of crime at both national and transnational levels, and that the increased easy access to free cross border movement enables offenders to escape arrest, prosecution, conviction and punishment;

…

DESIRING to make our co-operation in the prevention and suppression of crime more effective by concluding an agreement on extradition; BEARING in mind that the establishment of a multilateral agreement on extradition will
greatly enhance the control of crime in the Community;

HEREBY AGREE AS FOLLOWS:

…

ARTICLE 3
EXTRADITABLE OFFENCES
1. For the purpose of this Protocol, extraditable offence are offences that are punishable under the laws of both State Parties by imprisonment or other deprivation of liberty for a period of at least one year, or by a more severe penalty.

…

5. Extradition may be granted pursuant to the provisions of this Protocol in respect of any offence provided that:
(a) it was an offence in the Requesting State at the time of the conduct constituting the offence; and
(b) the conduct alleged would, if it had taken place in the Requested State at the time of making the request for extradition, have constituted an offence against the law of the Requested State.

http://www.justice.gov.za/legislation/notices/2012/20120525-gg35368-n405-extradition.pdf

I hope this soothes a few troubled nerves.

 

[Mamadoos]

This continues to be a roller coaster of a trial! Just when we've think we're getting somewhere, another bombshell is dropped. Can't cope!!:gaah:

 

[soozieqtips]

My gut tells me this may still go to the constitutional court and OP may just have his verdict dropped down to CH due to his disability.

When the SCA overturned Masipa's ruling and said this was murder, most on this board were pleased with the new verdict and said that 5 learned judges made the right decision.

If the CC was to overturn the SCA verdict based upon disability, I'm wondering if people would accept the ruling of this group of learned judges?

BIB - wishful thinking and I highly doubt it. OP is clutching at straws to save himself from doing any extra time. That's the kind of 'icon' he is. However, if the CC were to overturn the verdict, I'd be unhappy with it but accept it.

A question for you: have you accepted the SCA's judgment?

 

[Ochre Blue]

For any Aussie WSers, who followed the GBC case - the result of his appeal will be handed down tomorrow 8.12.15 at 9.30am.

 

[mister happy]

This continues to be a roller coaster of a trial! Just when we've think we're getting somewhere, another bombshell is dropped. Can't cope!!:gaah:

Which bombshell it that, Marmadoos?

 

[Mamadoos]

Which bombshell it that, Marmadoos?

I guess I just mean all the rumours/news reports /speculation we hear. I never know what to believe & my heart rate is all over the place!

 

[Deleted member 102539]

This continues to be a roller coaster of a trial! Just when we've think we're getting somewhere, another bombshell is dropped. Can't cope!!:gaah:

Don't use the word!! Tomorrow there could be another day for a nice bomb threat in court .... like we already had.

 

[Mr Fossil]

David Dadic ‏@DavidDadic
Hi,@JamesGrantZA is this possible?
-bail application
-sentence hearing
-conviction / sentence appeal
-constitutional court?
If so how long?

James Grant ‏@JamesGrantZA
@DavidDadic Yes - s58 permits bail pending sentence - but court must take account of conviction & likely sentence.

 

[mister happy]

I guess I just mean all the rumours/news reports /speculation we hear. I never know what to believe & my heart rate is all over the place!

Oh, I agree! It's crazy. The joy of last week has been replaced by a mixed up anxiety.

 

[Tortoise]

The NPA is not doing itself any favours. When it comes to sentencing, if they have not robustly objected to him remaining under house arrest after conviction, they can hardly then argue that he shouldn't serve whatever sentence he gets also under house arrest. I thought the whole idea of prison is that it protects the population at large from dangerous criminals and is a punishment.

Do they see Pistorius as a harmless murderer? Are they really monitoring him closely? I saw a pic of him yesterday out driving a car, that is not restricted freedom, it is freedom, he is in control of the pedals. He could cause havoc with his temper and/or his alleged suicidal thoughts, now that he is feeling powerless.

 

[Giles]

Barry Bateman ‏@barrybateman 28m
JUST IN #OscarPistorius Justice Department has confirmed Pistorius bail application set for 9:30am tomorrow. BB

Barry Bateman ‏@barrybateman 16m16 minutes ago
#OscarPistorius will appear in the North Gauteng High Court tomorrow. Deputy Judge President Aubrey Ledwaba will hear the bail app. BB

 

[LemonMousse]

My gut tells me this may still go to the constitutional court and OP may just have his verdict dropped down to CH due to his disability.

When the SCA overturned Masipa's ruling and said this was murder, most on this board were pleased with the new verdict and said that 5 learned judges made the right decision.

If the CC was to overturn the SCA verdict based upon disability, I'm wondering if people would accept the ruling of this group of learned judges?

Is your "gut" telling you that, or are you just really, really hopeful because you refuse to accept the SCA ruling....in spite of your insistence that we ought to be accepting things we don't like.

Please tell me how his disability disadvantaged him that night in those circumstances.

He was not trapped. When he first heard the (imaginary) noise he was standing right next to the legs that would take him from disabled into the 5th fastest man on the planet. He had umpteen options that night...the one he selected was execution.

Are you suggesting that a reasonable person with the same level of disability as Pistorius is likely to have done the same? They would not and you know it.

Pistorius is a murderer. Maybe it's time for you to accept that.

 

[Giles]

Karyn Maughan ‏@karynmaughan 14m14 minutes ago
NPA: #OscarPistorius lawyers have agreed he will appear in court tomorrow on basis of "voluntary surrender" @eNCA

Karyn Maughan ‏@karynmaughan 2m2 minutes ago
Member of #OscarPistorius legal team tells me they're "considering our options" re possible appeal to Concourt. @eNCA

 

[LemonMousse]

Barry Bateman saying he can't see why Pistorius won't get bail. Er....because he's a convicted murderer, perhaps? How many convicted murderers are wandering around Pretoria on bail?

 

[WilliamMunter]

Via Twitter Pauli Van Wyk @PaulivW 07/12/15

Breaking: Lawyers for #OscarPistorius want to appeal a point in SCA's judgement #OscarAppeal

Lawyers for #OscarPistorius will apply for leave to appeal; want to test the SCA's judgement with @ConCourtSA

#OscarPistorius' lawyers will argue SCA judges considered questions of fact as opposed to questions of law #OscarAppeal

EDIT: Tweeter is reporter for Netwerk24. However, atm, I have not seen any corroboration from other reporters.

 

[cottonweaver]

Thanks for all the updates.

I am taking reassurance from that tweet from JGrant upthread that he cannot slap in an Appeal at same time as apply for bail. ( Hope it does means that- FINGERS CROSSED that's what Grant is saying. )

So NPA have not rushed with any warrants as they know he will not get bail anyway so they can afford to look magnanimous?

Can anyone remember, did the bail application last time get decided quickly? Surely this one will get decided on the same day?

 

[Tortoise]

Via Twitter Pauli Van Wyk @PaulivW 07/12/15

Breaking: Lawyers for #OscarPistorius want to appeal a point in SCA's judgement #OscarAppeal

Lawyers for #OscarPistorius will apply for leave to appeal; want to test the SCA's judgement with @ConCourtSA

#OscarPistorius' lawyers will argue SCA judges considered questions of fact as opposed to questions of law #OscarAppeal

Now I know there is just no contrition. If I could call him a name on here I would.

 

[Interested Bystander]

Barry Bateman saying he can't see why Pistorius won't get bail. Er....because he's a convicted murderer, perhaps? How many convicted murderers are wandering around Pretoria on bail?

It is South Africa and there seems to be great laxity in the legal/prison system. I did read somewhere it is because the prisons are so overcrowded and lack basic humane facilities/conditions, although OP seemed to be on the better end of the system. It wouldn't happen in GB, USA or AUS methinks. I think the powers that be probably feel he is no threat to anyone other than himself at the moment and they may be right but it really offends to think a murderer can be doing what he pleases. If his bail is similar to his last bail conditions he can conduct his life virtually normally as most were rescinded. We shall soon know. I am guessing there will be a huge outcry within SA if his bail conditions are not very stringent.

Sad to say, public monies are spent on luxuries for those in power (ie Z's "palace"). There could have been a new prison built/upgrading of existing prisons with the money spent there.

 

[Interested Bystander]

Now I know there is just no contrition. If I could call him a name on here I would.

The easy way round this would be for SA to allow Facts to be included in an Appeal. It happens in other African countries but would need to be enacted very quickly.