Oscar Pistorius - Discussion Thread #67 *Appeal Verdict*

[Tortoise]

How does the saying go? something like 'where there is money there is a lawyer'

 

[Tortoise]

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.

Even if it was a solution, or were needed as a solution (because the questions were questions of law) I doubt it would be backdated to cover decisions already made.

 

[Tortoise]

Masipa passed them as grounds to appeal and so did the SCA.

 

[Interested Bystander]

Even if it was a solution, or were needed as a solution (because the questions were questions of law) I doubt it would be backdated to cover decisions already made.

Yes, I am sure you are right. Allowing an appeal on "Facts" went through the study phase way back in the early 2000's although it was never finalised. What a shame. I wonder who is going to foot the bill if OP is destitute or whether Roux will continue to work for free? As has been said many times this case could go on for years and you can bet OP will be bailed during this time. Is good old Uncle A going to cough up I wonder?

 

[Tortoise]

Yes, I am sure you are right. Allowing an appeal on "Facts" went through the study phase way back in the early 2000's although it was never finalised. What a shame. I wonder who is going to foot the bill if OP is destitute or whether Roux will continue to work for free? As has been said many times this case could go on for years and you can bet OP will be bailed during this time. Is good old Uncle A going to cough up I wonder?

How do you know Roux is working for free?

(makes a complete mockery of Roux's argument that he couldn't afford a retrial. cough.)

 

[JudgeJudi]

Do you remember this:

Roux also revealed to the publication that the court case had ruined his client financially.

“Oscar has spent all his money. I was not paid for the last two months, but I just could not ‘walk away’, I couldn’t morally do that". Of course not because you have no morals, scruples or integrity BR.

“Oscar was left with nothing, he is totally and utterly penniless, and I mean zero. The shirt on his back and his underpants. That’s all he has,” Roux said, adding that the case cost Pistorius at least two million rand.

http://www.destinyman.com/2015/06/08/correctional-service-wants-pistorius-to-be-released/

Well, I hope Uncle Arnold forks out some money for a shirt and pants then. Not a good look walking into the highest court in the land dressed like that. I guess Arnie will be digging into his treasure chest to pay the fortune for a ConCourt appeal.

Has someone ordered a trailer load of buckets for all of us. I feel total outrage at the moment. I bet the SCA judges are steaming too.

 

[JudgeJudi]

Barry Bateman ‏@barrybateman · 45m45 minutes ago
I don’t what it is, but I can’t seem to get this song out of my head. :/

[video=youtube;Gf1WT8VEZxk]https://www.youtube.com/watch?v=Gf1WT8VEZxk[/video] …

 

[JudgeJudi]

How totally weird. I just looked at Carl's Twitter a/c. Last Friday he was camping out in the bush. This past weekend may have been his last with OP and he chooses to absent himself???

I also noticed that apart from the main page, OP's official website has shut down.

 

[LemonMousse]

I sincerely hope that Barry Roux is not representing Pistorius for free. Fine if he's being paid to lay this tripe before the courts, but for free?

I think it's a wonderful thing when lawyers work pro bono because they believe entirely in their client's innocence.

But no one is going to tell me that the very intelligent, sharp as a tack Barry Roux honestly believes, in the depth of his heart, that Pistorius did not know that was Reeva. I realise that he won't know for sure as he cannot knowingly mislead the court, but there's knowing and there's KNOWING, right?

If anyone should be working for free it should be that pompous old windbag Oldwadge. Roux should thank Pistorius for all the money, buy himself a nice country estate and leave him to his well deserved fate.

IMO.

 

[JudgeJudi]

Oscar Pistorius faces immediate return to jail after bail hearing

Court will decide on Tuesday whether athlete (read convicted murderer) must return to prison or if he will be granted bail until sentencing hearing.

The hearing should offer clues as to whether Pistorius intends to appeal against his murder conviction in the constitutional court, and if so on what grounds.

http://www.theguardian.com/world/2015/dec/07/oscar-pistorius-immediate-return-jail-bail-hearing

 

[mrjitty]

What is the absolute minimum amount of real jail time OP could get? Yes I know it's supposed to be a 15 yr sentence, but let's assume for a moment that Maspia looks for every loophole or goes with whatever Roux suggests in terms of mitigating factors regardless of how ridiculous they may be.

Could OP be down to, essentially, just another 10 months in prison (i.e. "a 5 year prison sentence" then house arrest after that to make up the difference between 10 months and 5 years)?

We looked at this a couple of weeks ago - if you have the interest to go back through my posts I found the relevant sections of the minimum sentencing regime.

Basically the starting point is 15 years - of which he would expect to be out after half via Parole.

This can actually be reduced below the minimum in exceptional circumstances.

So what the actual minimum is I think is hard to say - but i think it will be not lower than 8-10

So that means real jail time of 4-5

Minus one served = 3 or 4 years more.

But it could be a lot more

 

[JudgeJudi]

Convicted murderer Oscar Pistorius will return to court on Tuesday, the National Prosecuting Authority confirmed.

OP is set to appear in the Pretoria High Court briefly to allow for his sentencing proceedings to be formally postponed.

The NPA says that it wants Pistorius' sentencing concluded as soon as possible and said that it would reveal on Tuesday whether it wanted the athlete behind bars while he awaited his sentencing.

http://news.iafrica.com/sa/1014621.html

 

[mrjitty]

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.

If there is an appeal - this is what we would expect.

Basically a rerun of the SCA appeal.

 

[Cherwell]

If there is an appeal - this is what we would expect.

Basically a rerun of the SCA appeal.

But with Pistorius back behind bars, we hope.

 

[JudgeJudi]

Barry Bateman Retweeted

Dario Milo ‏@Dariomilo · Dec 4
Have read some commentators suggest #OscarPistorius cld try argue in Con Crt live broadcast caused unfair trial. 2 main problems w this 1/

1st problem : Masipa J convicted #OscarPistorius of culp homicide; she shld have convicted of murder. So Oscar not prejudiced by live TV 2/

2nd problem: Mlambo's order live broadcast #OscarPistorius trial sd Oscar cld object to broadcast at any stage if unfair. He never did. 3/

 

[Interested Bystander]

How do you know Roux is working for free?

(makes a complete mockery of Roux's argument that he couldn't afford a retrial. cough.)

He has said he is working for free. In fact what he said was he had not been paid which I agree is slightly different. However, I have seen in the press that he was not paid but, of course, that may have been "journalistic license". I will see if I can find the report.

 

[Cherwell]

He has said he is working for free.

Don't believe that for a moment. OP may not have paid him, but someone has, or will.

 

[mrjitty]

Barry Bateman ‏@barrybateman · 12h12 hours ago
The pars in the Pistorius judgment which stand out for me

I thought the "rational thought" part was interesting

I hadn't come across that idea before.

I had anticipated the SC was say something more along the lines that the belief could not have been honestly entertained.

You can certainly see that the SC continues to be strict about PPD (as it is with PD) otherwise people would claim it all the time based on any wild belief they make up.

 

[Tortoise]

He has said he is working for free.

Thanks. I hadn't read that. My understanding was that Pistorius had no money left to pay him but not that he wasn't being paid. Well, what a charitable fellow hey? Doing all this for free when the family has so much money.

 

[soozieqtips]

Oscar Pistorius faces immediate return to jail after bail hearing

Court will decide on Tuesday whether athlete (read convicted murderer) must return to prison or if he will be granted bail until sentencing hearing.

The hearing should offer clues as to whether Pistorius intends to appeal against his murder conviction in the constitutional court, and if so on what grounds.

http://www.theguardian.com/world/2015/dec/07/oscar-pistorius-immediate-return-jail-bail-hearing

Of course he should return straight to prison. Otherwise he is yet again being given preferential treatment. Why should any murderer, regardless of status, be allowed to stay out of jail for potentially several months while awaiting sentence? I hope this doesn't happen. It's a mockery if it does.