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It was as if the family were on trial for thinking he deliberately killed their daughter and refusing to meet him and regard his apology as sincere. No wonder they don't want to comment.
It is but maybe the State will appeal. They would have a good case to.
What gets me most is I could 'get it' if she made sound judgements where you might think 'Well I don't agree but I see your point' but she so often doesn't.
Case in point: her argument that he showed remorse by his public apology and attempts to contact the Steenkamps. You could look at that as sincere, and perhaps it was, but you could also see it as a cynical move, suggested by his counsel to give the impression of remorse. Either or both could be true so how can she say which it is? There is no irrefutable evidence either way. And some could view that apology at the start of the trial, which she referenced today, in a very cynical light given they had not wanted to meet with him at that point to hear his apology and were then forced to sit and listen without any opportunity to say anything about it. She even went on to imply that the fact that they didn't want to meet him somehow added to the veracity of her assumption.
It's these conclusions of hers that carry the weight of a judgement but have no solid factual foundation that get to me.
Masipa strikes me as stubbornly stupid and incapable of taking the SCA's judgement on board. Silly though, because if there's an appeal OP will likely get lots more time. It would be better for him if she'd given him 8-9 years and let the whole thing die away. Why highlight (again) that your peers think you've made a mistake?
Margie Orford ‏@MargieOrford 2h2 hours ago
Margie Orford Retweeted Claire Phipps
Kill a woman + cry = it's okay, dear #Pistorius
Margie Orford ‏@MargieOrford 2h2 hours ago
Margie Orford Retweeted Robyn Dixon
Like there is between the charming gentleman-in-public who beats his wife in private Domestic violence works that way
I won't quote you as it is a long post but just wanted to say that that is an excellent post of yours' LemonMousse. I think it sums up what most people here, and around the world, think about this trial. And you are right - even if this is the end of it in terms of the court system, he will forever be Pistorius the Pariah and considering who he was before that is a form of lifelong punishment.
I guess with Masipa the thing is that she considers she is sentencing someone who shot the wrong person under a misconception and looks at it in that light whereas 'we' see it as an intentional murder of the victim by an out of control man who has since fought tooth and nail and Rand to avoid punishment for his actions. That view, which I am convinced is the accurate one, is what makes us all so disgusted by this whole saga.
Because she already ran her career aground on Pistorian shores and now she's decided to burn it all to the ground.
Make no mistake. Her incompetence on the original OP case scuttled her chances of promotion.
So instead of going safety first she decided to nail her colours to the mast.
Stupid IMO but I think she is that arrogant and useless.
But how is shooting the wrong person under a misconception even mitigating?
That's the part I don't get
I agree with you mrjitty.
Thinking back to Judge Leach when he read out his findings of the Supreme Court, i got the distinct impression he really thought the whole Trial should have been started again, but that was going to be totally impractical, but that was his ideal. He had to make the most of what he had to put Masipa's incompetence right, so he did his best, but he so emphasised the Dolus Directus element in not so many words by saying that Captain Magena's ballistics evidence was overlooked by Masipa, the shots, the trajectories, the door, where Reeva was hit, was standing, but this even today seemed to be skimmed over in Masipa coming to today's sentencing. She focussed far more on Pistorius the person, or two people , the disabled athlete, with and without his prosthetics and his rehabilitation .
There are many arguments Nel could give to the Supreme Court , but wouldn't Masipa have to grant Appeal today, she said she was there today to hear if either side wanted to, and that has not happened. I understand that the State still have 14 days in which to Appeal though,but why not take that opportunity today ?
It was as if the family were on trial for thinking he deliberately killed their daughter and refusing to meet him and regard his apology as sincere. No wonder they don't want to comment.
This shows that she still doesn't get it.
Identity is irrelevant to a finding of DE...therefore doesn't matter who he didn't think it was. He knew there was a human being in the toilet and he chose to shoot them four times without justification. Therefore, (IMO) any mitigation that highlights in any way the identity of the victim, is based on a flawed understanding of what DE means.
I think there must be scope on this basis for them to appeal.
This shows that she still doesn't get it.
Identity is irrelevant to a finding of DE...therefore doesn't matter who he didn't think it was. He knew there was a human being in the toilet and he chose to shoot them four times without justification. Therefore, (IMO) any mitigation that highlights in any way the identity of the victim, is based on a flawed understanding of what DE means.
I think there must be scope on this basis for them to appeal.
One could be forgiven for thinking that she was inviting an appeal with that sentence, if the NPA don't act I will be disgusted.
That was just my wording though and in trying to make the point that we see the events of that evening differently to her, I may have 'misquoted' her.