Oscar Pistorius - Sentencing - 7.6.2016

[Viper]

What was the most ridiculous defense witness/evidence for you all? This should be funny! Example:

Nel: What instruments did you use to make your scientific analysis?
Roux clown expert witness: My ears.

 

[jilly]

Another thing I just thought of. She basically disregarded much of Scholtz's evidence and accepted that the prison nurse's testimony was reliable, meaning that he lied about and/or exaggerated his prison experiences. So she is acknowledging that he will be economical with the truth to suit his purposes. Then, she turns around and says he has demonstrated remorse based on nothing but him saying he is remorseful, crying at the scene of the crime, making overtures to the Steenkamps and commencing his testimony with a courthouse apology. All things which could be just as false as claiming to have heard a rape and seen a suicide's body. Does she have some special power that can sift lies from truth? No, she doesn't, so how is she so sure of herself and of his remorse?

It's mind boggling, lithgow. Somehow, she relates to Oscar. He is the victim here, in her mind.
She needs to retire this year (instead of next) and go tend to a flower garden or something.

So glad (at least) she was shot down by the Supreme Crt. No Judge wants to be overturned. Unfortunately (for the real victim), Masipa has reacted defiantly. I used to Clerk in our Supreme Crt. Never seen the likes of a Judge Masipa elevated to this level. She is utterly chaos for lack of a better word. Then, of course, we don't have social workers being appointed to the bench either.

 

[mister happy]

I have been speechless all day..Masipa ruined my day!

Sentencing OP to 6 years is an insult to Reeva's family..to all women..to the SCA..to all of us. She has no shame!

She performed true to form. I had flashes of optimism, but I knew deep down that this is what it would be. Anyone else the same as me?

 

[jilly]

Back to this tweet in late afternoon after trial ended

https://twitter.com/JamesGrantZA/status/750737562545844224?lang=en-gb

I thought Nel's aggravation arguments and huge range of cases cited was seriously impressive and did wonder if that came from an academic's assistance.
Someone like Grant - all that knowledge of jurisprudence is not the meat and potatoes of Nel & Andrea

Yes , sure, it went right over Ms Masego's head BUT, there would be a more appreciative audience in the SCA, IMO.
So Grant maybe will be reading the transcript tonight too and giving an opinion.

The tweet , maybe he has just given us a big hint?. :It's not over.

[video=twitter;750737562545844224]https://twitter.com/JamesGrantZA/status/750737562545844224[/video]

Damned thing won't paste up.

I'll wait for transcript upload but IIRC she didn't really ref any/many cases in response.

I'm thinking Grant simply doesn't want to comment during this 2 week, period.

 

[Cloen]

RSBM I feel bad for Nel and really he must just appeal, although Masipa may deny and I don't know that he can go above her, anyone?

She allowed the appeal against the verdict on the grounds that another court's judgement might differ from hers. Now, she has given less than half of the minimum sentence and essentially just added one more year despite a big jump in the seriousness of the crime. With that in mind, maybe it is not even her choice anymore and the State can just appeal directly to the SCA. But, if she does get to rule on it, shirly she must justify her reasons as to why if she refuses leave to appeal and she couldn't possibly claim that no other judge might see fit to deviate from her sentence. Hopefully we are at a stage where all the balls are not in her court.

I feel bad for Nel,
it's strange isn't you just feel you want to will it all to be right for Nel and his team and the good guys, they're representing the Steenkamps and are Reeva's voice.
Nel if he took the Appeal case , if the NPA Appeal, don't need Masipa's approval, they can go direct to the Supreme Court and make an application.
That's the good news
The bad news is that the result today was 2 years off what the Prosecution said they'd Appeal , so they'll have to see if what she did today really was error enough .

 

[Viper]

She performed true to form. I had flashes of optimism, but I knew deep down that this is what it would be. Anyone else the same as me?

No. I expected her to respect the higher court's ruling, respect the mandatory minimum sentencing law that she is sworn to apply, respect the victim, the victim's family, and the people of SA, and I expected her to respect her peers by setting an example, a textbook example, of how to properly sentence a man convicted of Murder. From what I can find her peers expected those things too and most are nearly silent today, which I find odd.

 

[Cloen]

I'm thinking Grant simply doesn't want to comment during this 2 week, period.

He doesn't want to say anything yet, in case he's called to help in any Appeal of the sentencing today , - like he did in the last Appeal

 

[jilly]

She performed true to form. I had flashes of optimism, but I knew deep down that this is what it would be. Anyone else the same as me?

I really didn't think she would be so bold. She's more stubborn than I thought. To me, it shows another side of her in that she has demonstrated a lack of respect for authority over here, as in the Supreme Crt.

 

[Hazy]

She performed true to form. I had flashes of optimism, but I knew deep down that this is what it would be. Anyone else the same as me?

I have always been prepared for something like this but I wasn't expecting correctional service to be allowable.

Still. She was unable to change the murder DE conviction. That sticks.

 

[lithgow1]

I feel bad for Nel,
it's strange isn't you just feel you want to will it all to be right for Nel and his team and the good guys, they're representing the Steenkamps and are Reeva's voice.
Nel if he took the Appeal case , if the NPA Appeal, don't need Masipa's approval, they can go direct to the Supreme Court and make an application.
That's the good news
The bad news is that the result today was 2 years off what the Prosecution said they'd Appeal , so they'll have to see if what she did today really was error enough .

Re BIB. I think this whole 'we'll appeal less than 8 years' comment has been misconstrued. At the time it was supposedly said, there was discussion on it here and someone posted that the woman who said it claimed she had been taken out of context. I can't remember who posted that or how far back it was but it was definitely said that it was a misunderstanding. If that's the case, then Masipa having given 9 years less than the minimum and just one year more than she gave for CH would seem ample grounds to appeal. So I live in hope!

 

[Viper]

Re BIB. I think this whole 'we'll appeal less than 8 years' comment has been misconstrued. At the time it was supposedly said, there was discussion on it here and someone posted that the woman who said it claimed she had been taken out of context. I can't remember who posted that or how far back it was but it was definitely said that it was a misunderstanding. If that's the case, then Masipa having given 9 years less than the minimum and just one year more than she gave for CH would seem ample grounds to appeal. So I live in hope!

I would never want to challenge you, but just to clarify he's gotten just under a 7 year sentence overall because Masipa didn't give him credit for time served. It was just under a year, right?

 

[cottonweaver]

What was the most ridiculous defense witness/evidence for you all? This should be funny! Example:

Nel: What instruments did you use to make your scientific analysis?
Roux clown expert witness: My ears.

Just for this last part of the trial : Ebbe Gudsmandottir ( sp) with Capt.Scholtz BA Hons (Univ of Blackpool, online) as no. 2

Roux : So how do you know Oscar Mrs. Gooddottsman?
Ebbe: He came to tea a couple of times in the the decade of the 2000s
Roux: Can you testify that he is a very, very nice boy-man
Ebbe: Oh yes, he is quite the boyish person ( bad Icelandic trans)
Roux: And so he supported you and your son from birth ?
Ebbe: Indeed Milord, we flew to every paralympics and he allowed my son to be photographed with him for the press too
Roux: Charming. Nel, your witness

Nel: Loving your hair. Thanks I have no questions Milady

 

[lithgow1]

I would never want to challenge you, but just to clarify he's gotten just under a 7 year sentence overall because Masipa didn't give him credit for time served. It was just under a year, right?

Well you have challenged me Viper because I don't know! But I think you may be right. She said nothing about time served as you say, just six years. Oh, wait a minute .... I just recalled there was this on David Dadic's tweet feed today. Someone asked:

Do you know if the 6 is an additional 6 or 5 with one served? My sense from what I heard is the former.

and DD replied:

starts afresh. Served time was mitigating against 15. So already got the credit as it were.

Hope that helps.

https://twitter.com/DavidDadic/with_replies

 

[seattlechiquita]

So in SA, you can basically murder someone, get house arrest and then profit for your crime?

Only if you are a privileged little SOB who cries disability after running in the damn Olympics against non-disabled people. And you're rich, and white, and stumble for the cameras in court.

 

[Viper]

Well you have challenged me Viper because I don't know! But I think you may be right. She said nothing about time served as you say, just six years. Oh, wait a minute .... I just recalled there was this on David Dadic's tweet feed today. Someone asked:

Do you know if the 6 is an additional 6 or 5 with one served? My sense from what I heard is the former.

and DD replied:

starts afresh. Served time was mitigating against 15. So already got the credit as it were.

Hope that helps.

https://twitter.com/DavidDadic/with_replies

Yes I've read journalists and lawyers tweets about it. Seems odd that Masipa could not simply add one sentence giving the poor boy credit for time served; heartless b!!!!h! :lol:

 

[jilly]

She performed true to form. I had flashes of optimism, but I knew deep down that this is what it would be. Anyone else the same as me?

Deal me in!

 

[Viper]

Well you have challenged me Viper because I don't know! But I think you may be right. She said nothing about time served as you say, just six years. Oh, wait a minute .... I just recalled there was this on David Dadic's tweet feed today. Someone asked:

Do you know if the 6 is an additional 6 or 5 with one served? My sense from what I heard is the former.

and DD replied:

starts afresh. Served time was mitigating against 15. So already got the credit as it were.

Hope that helps.

https://twitter.com/DavidDadic/with_replies

The funny thing is though... The NPA was rumored about wanting 8 years, he's served 1 and needs to now serve 3 more, so 4. That is the same as 50% of an 8 year term. Sucks, but that rumor, or the ITV interview, may have caused this result. IDK

 

[jilly]

I have always been prepared for something like this but I wasn't expecting correctional service to be allowable.

Still. She was unable to change the murder DE conviction. That sticks.

Neither was I. Had no inkling that was an option for a murder conviction. I suppose, Reeva's family can receive some vindication from the DE which was probably a satisfactory plus, for them.

 

[mhiforme]

When two people are in love, that bond can be permanent and even transcends death.

Today, I'm reminded of Oscar's ITV interview when he opened up to the public and said that Reva would not want him to rot in jail. It looks like Reva was smiling down on him and Oscar has been given an opportunity to atone for this tragedy.

I'm looking forward to seeing how he will help the children in Africa once this harsh sentence is over.

 

[Jake18]

I'm bemused by how Masipa still managed to mitigate based on remorse even though OP refused to take the stand at mitigation.