BIB
I did accept Masipa's ruling of CH and felt that was appropriate.
I also watched and read the SCA's judgement and can understand their rationale for murder. I also accept this and have no issue with this as OP received a fair trial and the decision was unanimous.
But I don't feel this is the end of the case. In the SCA judgement, Leech does say "The fact is that different judges reach different conclusions and, in thelight of an appeal structure, those of the appellate court prevail"
So if this does go to the CC, I can see an argument around the reasonable man test and the need to have a reasonable disabled man test. I think there is also a possibility of the CH verdict being restored as I believe what Masipa did was relate to OP's disability with her own health issues and in turn applied an incorrect (at this point in time) version of the reasonable man test.
This case has been much more than just a CH/murder trial.
It's been about defining:
1. Circumstantial evidence
2. Dolus Eventualis
and we may now get a new definition in South Africa for the reasonable man test, who knows?