Oscar Pistorius - Discussion Thread #68 *Appeal Verdict*

[Hoosen_Fenger]

I am from the UK. Following this trial has been very challenging due to the nature of the evidence and those involved, All I can say is that it is a very sad day and quite laughable for SA Justice, that OP will be outside of jail this side of xmas and into the future.

You need to hope for better, but this latest ruling shows that corruption is alive & well in your lives and the only way you can change it is to be the change yourself.

Good Luck. x

 

[cottonweaver]

Cause I watched the bail h so late today, someone can correct me if this is wrong but....

Isn't he now almost better off on bail for MURDER than he was under CS for CH?
ie. He remains on the 7-12 thing ( as he was apparently a CS condition we knew nothing about)
Ok he has to inform Van Ardt when he wants to go out within his curfew times, such as "church" LOL.

20 km radius, you could see from his face that he wasn't happy with that. But he no longer has to spend the measly total 96 hours (IIRC) cleaning at the police station.
I m presuming he can drink alcohol now etc?

So, I'm struggling to see any significant difference between the two sets of restrictions. Have I missed something. (Know about the passport nonsense )
Is the tag really that restrictive when he already has the 20km limit? Might mess up his tan lines of course.

 

[jilly]

thats interesting. How did you manage to find it so quickly? I've been searching for it to no avail.

Go to the top of your page. Click on settings and scroll down on the left hand list.

 

[soozieqtips]

I know the overwhelming majority of us are sick about him being free to roam for 4 months, but we should try and be positive. The guy's nothing more than a spineless murderer, so who really wants to hang out with him and be associated with that scum? Apart from a few weirdos who'll want to comb his hair, 95% of anyone that sees him now will view him with disgust. He's not adored any more. He's not an icon anymore. He's unemployed. His future as an athlete is over, and he has a fat chance in hell of ever being accepted as anything other than the grubby snotty little killer he is. His appeal to the CC will fail (I hope) as his rights weren't breached during the trial, and if they were, can someone point me to where Roux complained about it after the laughable CH verdict and pathetically short sentence?

 

[katydid23]

I kind of hope that he has some freedom because that way I know he will mess up again and maybe lose his ability to be in public.

 

[JudgeJudi]

There's intense discussion of whether OP will be granted leave to appeal his murder conviction in the Constitutional Court, and whether his appeal would then stand any chance of success.

Constitutional Law expert, Professor Warren Freedman says: “As far as his prospects of success are concerned, if it simply relates to the facts or to the way in which the courts applied the law. To the facts then I would say that his chances of success are low. It relates to the manner in which the court interpreted the law then again having read the Supreme Court of Appeal (SCA) judgement I would be quite surprised if he succeeds.”

http://www.sabc.co.za/news/a/f84537004addcf36b126b72f1282c98c/-


As convicted murderer OP and his legal team prepare to approach the Constitutional Court to appeal his murder conviction, he’ll need to dig deeper into his pockets.

OP, who is said to be broke, will have to come up with the required fees to enable his legal team to appeal the Supreme Court of Appeal ruling that overturned his culpable homicide conviction to murder.

Criminal lawyer Advocate Percy Tshabalala said the move would not be a cheap one. "The constitutional court is very expensive. They can’t start talking about the Constitutional Court without having money," he said.

http://www.news24.com/SouthAfrica/News/oscar-pistorius-to-dig-deeper-into-pockets-20151208


Pierre de Vos ‏@pierredevos · 18h18 hours ago
Pierre de Vos Retweeted Makashule Gana
Not going to happen. Pistorius is wasting his money.

[Claude Leon Foundation Chair in Constitutional Governance at the University of Cape Town and author of the Blog, Constitutionally Speaking]

 

[soozieqtips]

Cause I watched the bail h so late today, someone can correct me if this is wrong but....

Isn't he now almost better off on bail for MURDER than he was under CS for CH?
ie. He remains on the 7-12 thing ( as he was apparently a CS condition we knew nothing about)
Ok he has to inform Van Ardt when he wants to go out within his curfew times, such as "church" LOL.

20 km radius, you could see from his face that he wasn't happy with that. But he no longer has to spend the measly total 96 hours (IIRC) cleaning at the police station.
I m presuming he can drink alcohol now etc?

So, I'm struggling to see any significant difference between the two sets of restrictions. Have I missed something. (Know about the passport nonsense )
Is the tag really that restrictive when he already has the 20km limit? Might mess up his tan lines of course.

BIB - yes he is. No more community work and God forbid he should have to give something back to the community during 4 months of freedom, so 'win' for him there. A 12-mile radius isn't that restrictive. He now has 5 hours a day where he can pretty much do as he likes (boozing included) so he can meet up with his imaginary friends and share nostalgic chit chat about such times before he was outed as a murderer. He can probably get himself some new g/friends too now, although they should probably wear bullet-proof vests in the interests of staying alive if he gets wound up by any gum chewing. So yes, cotton - it does seem that as a convicted murderer he's deemed more 'safe' than when he wasn't a convicted murderer. I feel as if I've entered the Twilight Zone.

 

[cottonweaver]

Apart from a few weirdos who'll want to comb his hair,

:shame::silly:

Snipped as that phrase sums up those weird support sites perfectly.
Almost wholly women fans who rigorously deny they actually find him attractive and try to claim a protective mothering motive towards him....they only want to straighten his hair and take a moistened hanky to his dribbles as yes indeed he will be dribbling again soon.

Not soon enough, from reading here it looks like April 18 is first date and then sentencing hearing may start even later.
As to the rest of your post - wholly agree .

Other trivia - wish the punk would stop with the black ties - he isn't fooling anyone that he is in mourning/views it as a solemn occasion.

"The possibility for the Constitutional Court deciding to hear the matter is there, and if it does so, Pistorius's sentencing proceedings might be postponed from April 18.

"You can't put the cart before the horse," Du Toit said.

He said it was difficult to "guesstimate" when the Constitutional Court would make a decision.

"It sometimes takes months, or weeks. But not years."

Du Toit said Pistorius's legal team will have 15 days to apply for leave to appeal. However it was not "the end of world" if the application was slightly delayed.

"He will have to file an affidavit saying why it was delayed, and he could say it was because of finances, or they were getting the record ready."

He said "a lot of paper" is used in a Constitutional Court application.

"Whatever you file, you have to do it 22-fold. That's for the 11 justices and their clerks."

yesterday's news
http://www.news24.com/SouthAfrica/N...ted-concourt-could-tell-oscar-expert-20151208

 

[cottonweaver]

What? Yes this is the twilight zone


"The Constitutional Court is the watchdog of the law. All that is going to be done there is to see if the law was abided [by] constitutionally. When the appeal was made at the SCA, one of the options was that it be taken to trial court. Should they fail at the Constitutional Court, they will revert to the High Court," he said"
http://www.news24.com/SouthAfrica/News/oscar-pistorius-to-dig-deeper-into-pockets-20151208

I don't get it. Fail at CC level, try and appeal again at HC level? .:thinking:

 

[ColonelMustard]

There's intense discussion of whether OP will be granted leave to appeal his murder conviction in the Constitutional Court, and whether his appeal would then stand any chance of success. ...

Criminal lawyer Advocate Percy Tshabalala said ... "The constitutional court is very expensive. ... ...

And his family's pockets are very deep.

 

[L2L]

There's intense discussion of whether OP will be granted leave to appeal his murder conviction in the Constitutional Court, and whether his appeal would then stand any chance of success.

Constitutional Law expert, Professor Warren Freedman says: “As far as his prospects of success are concerned, if it simply relates to the facts or to the way in which the courts applied the law. To the facts then I would say that his chances of success are low. It relates to the manner in which the court interpreted the law then again having read the Supreme Court of Appeal (SCA) judgement I would be quite surprised if he succeeds.”

http://www.sabc.co.za/news/a/f84537004addcf36b126b72f1282c98c/-


As convicted murderer OP and his legal team prepare to approach the Constitutional Court to appeal his murder conviction, he’ll need to dig deeper into his pockets.

OP, who is said to be broke, will have to come up with the required fees to enable his legal team to appeal the Supreme Court of Appeal ruling that overturned his culpable homicide conviction to murder.

Criminal lawyer Advocate Percy Tshabalala said the move would not be a cheap one. "The constitutional court is very expensive. They can’t start talking about the Constitutional Court without having money," he said.

http://www.news24.com/SouthAfrica/News/oscar-pistorius-to-dig-deeper-into-pockets-20151208


Pierre de Vos ‏@pierredevos · 18h18 hours ago
Pierre de Vos Retweeted Makashule Gana
Not going to happen. Pistorius is wasting his money.

[Claude Leon Foundation Chair in Constitutional Governance at the University of Cape Town and author of the Blog, Constitutionally Speaking]

How long would the CC need to decide to accept or reject the OP team's appeal? Days? Weeks? Months?

 

[ColonelMustard]

...

The ignore button achieves nothing if people respond to their posts. The best way is to never respond to their posts. ...

...

I agree. In fact, that's exactly what I meant.

I had no idea there WAS an "ignore" button. But it sounds as though something appears is if that person respond to a post that I write.

I don't have to reply.

Being replied to here isn't a right, it's a privilege.

 

[katydid23]

I agree. In fact, that's exactly what I meant.

I had no idea there WAS an "ignore" button. But it sounds as though something appears is if that person respond to a post that I write.

I don't have to reply.

Being replied to here isn't a right, it's a privilege.

To clarify:

If you put me on ignore, then you will not see any of my posts. But if someone, anyone replies to my posts and quotes me, then you will see that post of mine in their quote window.

If I reply to you, you will not see it, unless someone else quotes it in reply to me.

 

[cottonweaver]

How long would the CC need to decide to accept or reject the OP team's appeal? Days? Weeks? Months?

posted just above, M duToit comment, my post L2L

 

[JudgeJudi]

How long would the CC need to decide to accept or reject the OP team's appeal? Days? Weeks? Months?

It would appear to be months. I found numerous cases that took 3-4 but it's hard to know as they must get some very difficult matters at that level.

 

[ColonelMustard]

If this goes to the CC, will Nel still be involved?

 

[ColonelMustard]

Clearly, they're playing the system.

For Roux, it's "the game" and the money.

The family must think that, even if/when they lose in the end, that keeping him out for as long as possible is better than getting it over with.

Beyond truly believing they can get him off, what's their calculus on that?

I guess the bottom line is that they really do think he'll get out of this some way or that the time he will have to serve will be decreased.

That, and pride. They've always felt that OP should never have been prosecuted in the first place. They're not going to "lie down and take it".

 

[Greater Than]

So prior to the hearing, the State agreed that it will not oppose bail as long as the defense agreed to include a bail condition prohibiting OP from leaving the house. The defense agreed. Both parties were in agreement.

But then the judge wanted to know why OP shouldn't be permitted to leave the house between 7am - 12pm as he was before?? Why did this judge bring up an allowance that Roux didn't even ask for?! Is he a Pistorian? Does he have Uncle Arnold in his pocket? Something is rotten.

Aside from the fact that it had been a mutually agreed upon condition in order for him to not oppose bail, Nel explained to the court that OP was permitted to leave between 7:00-12:00 to complete his court-ordered community service, which he no longer has since his CH sentence has been set aside.

Excellent. Perfect explanation.

But then the judge said he had concerns that requiring OP stay in the house would result in phone calls to the investigating officer asking permission to leave. WHAT?! If a bail condition is he's not allowed to leave, then he's not allowed to leave. Period. Why would it be okay for him to call this officer to ask for something he's prohibited by the court from doing? If there was an emergency or rare extenuating circumstance that he would need to call about for permission then fine, but emergencies can arise at any hour of the day, so including the daily 7:00-12:00 free-man provision doesn't eliminate the possibility of OP calling the investigating officer anyway. Possible phone calls.....what a lame excuse for allowing a convicted murderer to leave his mansion arrest for 5 hours every day.

Then the judge asked Nel to propose a radius distance OP should be allowed to travel during his 5 hours of daily freedom. Zero is the real answer, but Nel conceded to 5km, 10km tops.

The judge ruled 20km.

What a joke.

 

[mhiforme]

Here we go, Professor Stephen Tuson of Wits University has nailed it, this is how OP will be vindicated and clear his good name. This is what lots of other legal experts have been talking about as well:

He also said that on a lesser point, the legal test of what a reasonable man would do in Pistorius’s situation, which ultimately convicted the athlete of murder, was also a potential argument.
Tuson said that because Pistorius is disabled, this test could differ, with the defence possibly arguing that Pistorius, as a double amputee, was more prone to anxiety and thus more likely to fire at a perceived intruder.

http://beta.iol.co.za/news/crime-courts/oscar-is-confident-hell-win-1957544

 

[DexterMorgan]

Here we go, Professor Stephen Tuson of Wits University has nailed it, this is how OP will be vindicated and clear his good name. This is what lots of other legal experts have been talking about as well:

He also said that on a lesser point, the legal test of what a reasonable man would do in Pistorius’s situation, which ultimately convicted the athlete of murder, was also a potential argument.
Tuson said that because Pistorius is disabled, this test could differ, with the defence possibly arguing that Pistorius, as a double amputee, was more prone to anxiety and thus more likely to fire at a perceived intruder.

http://beta.iol.co.za/news/crime-courts/oscar-is-confident-hell-win-1957544

I think O.P will try his best to prolong things. But there's no vindication for a person who slaughtered his spouse. Jmo.