Post sentencing discussion

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Just to clarify - The State did not "overcharge". Pistorius was charged with murder. Whether it was premeditated or not does not form part of the charge, and neither does the identity of the victim. The only alternative charge would have been culpable homicide.

Certainly they tried to show that he knew it was Reeva, and they proved this to my satisfaction (the evidence that the voices of two different people were heard just before the shooting), but unfortunately the judge ignored the evidence.

+1

The overcharge meme is a bogus PR talking point from the defence.

The state made it clear in the Indictment that it was murder whether premeditated or the murder of an "intruder".

The state should prosecute up to the level of the evidence. A court may always settle on a lesser charge.
 
2,300m according to this. I doubt the police searched because they didn't know they were looking for anything.

Yes, it's a pity. If he had stepped over to the window, he could have directed shots into the ground, since at the time there was an empty plot behind his house.
 
Is this it? If so, I don't really understand (or agree) with it (e.g. why step 2?).

No. See post #141 on p.6 - the quote from Nastasya. mrjitty says on p.7 it's the best thing he's ever seen posted about the case.
 
I have asked Captain Moller if redacted phone usage data can be released. Also asked quite a few follow-up questions, provided my views on some of the answers (which are well known here), and provided links to the latest 'Phone usage charts' and the 'Witness testimony analysis 2' file which we've been discussing last night / today. I know that he or his boss read the email and looked at the files immediately (as I got hits from South Africa on unique links). Not sure if I'll hear anything but will share if I do (and am allowed to) otherwise I must hope that it at least helps.
 
I've also considered it an option that Reeva locked the bedroom door. Surely forensics could have established which side of the door was hit with the air rifle (which had a silencer fitted to it). She could have locked him out and then shot through the door herself, causing him to spiral into a total rage and then barge it open. IMO this would have given a lot more credence to a DV situation. She has been photographed at a shooting range.

I think it has already been determined by those who shoot that the air rifle pellet was from the bedroom side. The landing side had a splintered exit point which would be indicative of the shot being made from the other side (ie bedroom). What I would be interested to learn (and I am sure Nel could ask ST) is whether or not that door was damaged before Reeva was on the scene. Not sure about the rest of the damage. I am sure an expert could tell from the damage to the bottom of the door whether the door was barged, when locked, from the landing or the bedroom. For some reason nobody thought it important and maybe it isn't but it would be nice to know.
 
Even a possibility of a re-trial?!! Imagine that. Keep on, keeping on please Mr. Fossil and others.......just in case.

Oct 24 , James Grant speaking to iol:
"If the NPA could overcome the Seekoei issue and is given the opportunity to appeal, two things could happen.

"The question comes whether the appeal is heard in the SCA restricted to the record - and this would be my preference, it's only fair and right - or whether it is sent back to a different high court to retry the case entirely.

"This [retrial] is not impossible," he said."

http://www.iol.co.za:80/news/crime-courts/oscar-case-can-be-appealed-expert-1.1770328#.VEpnP82viPU
 
I think it has already been determined by those who shoot that the air rifle pellet was from the bedroom side. The landing side had a splintered exit point which would be indicative of the shot being made from the other side (ie bedroom). What I would be interested to learn (and I am sure Nel could ask ST) is whether or not that door was damaged before Reeva was on the scene. Not sure about the rest of the damage. I am sure an expert could tell from the damage to the bottom of the door whether the door was barged, when locked, from the landing or the bedroom. For some reason nobody thought it important and maybe it isn't but it would be nice to know.

Thank you for reminding me about the shot being fired from the bedroom side. My head is just spinning with all the facts we have to remember. There are just so many unanswered questions and they're all important to us here.
 
I also voted 'Yes' so if your calculations are right that only leaves two mystery 'Yes' voters and I think Estelle may be one of them. So own up, remaining solitary 'Yes' voter. :)

I voted "Yes" twice. I have now owned up!
 
I wanted to listen to this, but I just couldn't understand him. I could have coped with the accent if he'd spoken more slowly, but he gabbled so fast. It would be great if someone was able to transcribe the interview.

If I have the time this weekend, I will transcribe the interview!!
 
If I have the time this weekend, I will transcribe the interview!!

Hi Apples .. I'm just in the process of doing it, nearly finished now, thought I should better say so quickly just to save you from going to all the trouble/duplicating .. there a few places where I've listened to it over and over though and still can't recognise the words, so would be grateful for some help on that! It's an interesting interview though, in that he gives a better insight into what all that thing in the VIP Room was all about (and that he/his PR person wasn't very honest about it being his cousin he was with, it was someone else who I couldn't quite work the name out .. when Batch kept saying it, it sounded like 'Gil') plus also it really shows how those close to Reeva know that something was up between her and Oscar and they are absolutely convinced that he is lying with his version of events that night.
 
Thanks, Estelle, interesting. You made me curious so I'll search a video. If you have a special suggestion I'd be grateful.

When Juan is questioning Jodi about the petrol cans and also the murder scene. Cross examination of Jodi Arias in other words.
 
OK, the Mark Batchelor interview .. I've probably missed a few 'umms' and 'errs' and 'you know's plus there's a few unrecognisable words .. but this is pretty much all of it ..

I (= Interviewer) - thank you for joining us

MB - thanks very much, thank you

I - Mark... you've been seen to support the SteenKamp family but it must've been a very difficult last couple of weeks, I saw towards the end of it yesterday that the Steenkamps, they looked a little bit fatigued and almost glad that this terrible ordeal is now over, how do you view it now, 24 hours later?

MB - I think reality sets in, you know you see the pictures of inmates in their orange uniforms .. Oscar's there now eating prison food but I think when you break it down more I think the sentence was very very light so I think it was, it's been a long process and I mean Mrs Steenkamp's been there the whole time and Mr Steenkamp. I've only met them through the trial .. I've known Reeva and I was a friend of Reeva and obviously that's why I'm supporting the whole thing but um you know just to see the dignity that they held between them, and that they never were aggressive towards anyone in the court, they, especially Mr Steenkamp, he's just like one of the nicest men you will ever meet, he was just so humble with everything and I think that's where a lot of swords were crossed because you know the Pistorius's weren't, they were hostile in the court, they were always trying to intimidate people, they would stare people down, I mean Aimee acts like the big victim .. she stares at everybody .. all the girls there, Gina Myers, Kim Myers .. you know, she did it to me and Jared Mortimer but obviously we can handle it, so it came to an end where they just said justice has been done .. I heard Mrs Steenkamp saying if that's justice then they've got to live with it, but personally I just think it's way too short and I think they think the state's going to appeal.

I - Mark, you spoke about the Pistorius family staring people down .. we had an incident with a friend of yours, Mikey Schultz, who also supported you and the family in the courtroom, what happened there .. it's almost like after they did an interview with the Pistorius family and they painted themselves as the victim in this case, that's a little bit rich wouldn't you say?

MB - .... exactly <unrecognisable word/s> accuse two of my best friends .. and they came to support me and Jared and .. he hadn't been in that court room you know, on the Tuesday was the first time they ever went there and they sat at the back and we were helping the state with some of the witnesses .. that's Mr Nel and (Andrew Leech?), all those guys .. they were helping when Mikey had his troubles/thing (?), they were part of the prosecuting team there so he had a big friendship with them so that's how we got involved in the whole thing, and we did, we did a lot of work behind the scenes for the state, helping them get witnesses there, you know witnesses they couldn't reach to we'd go see them and that was, it wasn't like err we want some praise, we were doing it for the Steenkamps and for the state to get justice, which in the end wasn't really .. and that whole boil up was you know, Mikey walked in the courtroom there were no other seats .. him and Marc Strydom sat down on the first available seats .. the police actually showed them where to sit .. and then Aimee started her nonsense again .... on that day she was staring at Jared so much Jared said <unrecognisable word/s> blowing kisses 'I just wanna get her off my case' you know? She came up to me in the coffee shop twice and looked me up and down and shook her head like in disgust and I just turned and walked away .. twice she did it .. I mean, what we're doing is right, we're not there against them, you know, we're there for justice and I <something about Oscar> that's not the reason why I am there, Oscar's not affecting my life, I'm not worried about that thing, I was there because she got shot and she got killed and murdered behind that door like a ..

I- .. and it was a friend of yours ..

MB - .. yes, a hundred per cent

I- I wanted to take you back a couple of years, you know in the media we always .. we heard stories about the famous incidents in the past, a lot of people spoke at that time of Oscar being a train wreck waiting to happen .. was there a time when he threatened you, when there were women involved with a friend of yours again .. did he threaten you and was he that kind of aggressive type that was spoiling for a fight, as it were ? (MB is saying 'yes' in the background all the way through that)

MB - yeah, he was always looking for it and, I mean, he swore and me, he said to to that he was gonna break my legs and we got a call to General <surname> (from the Hawks?) office for that whole thing and then they realised that he had phoned *me* twice .. coz they had painted a picture that *I* had created this thing with Oscar .. and it was again .. a friend of mine, Quinten Van den Burg, he threatened him on two or three occasions, even after everything was settled he still saw him afterward at Shimmy's (?) in Capetown and he had another go at him you know, and <unrecognisable word/s) Kevin Larina to pull him off and you know Quinten's not a confrontational guy at all, he's just .. he even sold (?) his tickets for that new year's party and he just said 'look I'm going back home, I don't need this in my life' and he diffused the whole thing but Oscar would keep baiting for it, baiting for it (MB is doing an impression of a tiger pawing with his left paww/hand at this point!) and then when I got involved we got a call to the cops and the cops said 'you've got a national soccer player here and you've got a national athlete and we don't take these things ..' you know, that's their time ... I'd phoned them they would've pulled the records of all the phones <all very jumbled here>.. there's minutes there, my side was clear .. but you know, he did, he threatened to break my legs, he was gonna smash me and 'he's not scared of me and he knows I'm with Mikey and he's not scared of any of us', and you know just baiting the whole time .. but he went on phoned me twice, screamed and shouting, ranting and raving ..I actually laughed and put the phone down.

I- that really puts a different spin on this kind of thing .. why do you think this kind of thing didn't come out in the courtroom and what do you make of the incident with Jared Mortimer .. I think it was in the VIP Room .. in the middle of the trial .. what kind of person does that sort of thing?

MB - well, Guil was also one of his good friends .. Guil was in the courtroom that day .. just got to tell the truth, cos Oscar had said he was with his cousin and he wasn't with his cousin, he was with Guil and they meet at Marco Polo (casino, having done a quick google) first and they downed a couple of drinks and Gull had asked him the question, he said 'why do you want to go out in the middle of your trial?' and he (Oscar) just said 'ah, just wanna get out, wanna get out' and then Guil said 'you gotta do the right thing' and anyway then they went there and then <unrecognisable word) Jared, and Jared challenged him to a polygraph, I challenged him to a polygraph, and you know (talking on that wire?) if he was so innocent, why didn't he say ... and I know it's got nothing to do with and you can't produce it in a court of law, just to clear his own head and say 'listen, if I didn't murder her, if I didn't kill her in cold blood' the way we saw it and should've got 'murder 1' why didn't he just say 'listen, I'm willing to take a polygraph test' just to clear my name but he never did it because we know what the truth was, and they had argument and a fight, and he came out in a rage and that's the thing, that's the scary thing, is that this could've happened any time and I mean Samantha Taylor was nearly two years with him, it could've happened to her, other girlfriends all the same thing, all the same stories come out ... that's the sad thing .. Reeva should've .. that should never have happened, you know .. it's a sad day that's she's gone and he gets 5 years and will do 10 months.

I - What do you think of the sentence, firstly .. and secondly, tell us about this journey, you guys have been in similar circles, similar sorts of restaurants over the years .. if not Reeva, do you believe that someone else would've taken a bullet at the hands of Oscar Pistorius?

MB - I think so .. in my opinion, and the view of a lot of people, it was just waiting to happen and I think, on that day, .. there is speculation now about that iphone that was .. that Carl had had...... but now the only people who will know on that phone is the three of them Oscar, Carl and Reeva and as you know Reeva can't talk and um and that's what makes me sad is that, you know, she's .. we were trying to be a voice for her and then you get victimized 'what are you guys doing there .. what are you doing in court ' .. 'what is.. ' .. I was a state witness and I'm a friend hers and I'm supporting the family so, you know,that answer to a lot of people, but everybody that was there was just trying to be a voice for her and I think she's been forgotten far too early in this whole thing and and tomorrow everybody will turn over the pages and she will be forgotten that is the sad thing because her life was just starting but the sentence and the conviction, just to answer your questions, were both wrong in my view, I think murder '1' and they're going to come back to it earlier in the ... later in the .. <whole bunch of unrecognisable words here> dossier <unrecognisable whatever they <unrecognisable> ... and I've listened to many bits and I spoke to him yesterday and they've got to clear it all up because you know the way she still said in her sentencing, when she did the sentencing .. on the conviction side she's got it wrong because I understand that she's going on, that she said, you know, that both those sets of witnesses, the state witnesses and the defence witness .. there's too many discrepancies but on his testimony alone, she said you're a terrible witness, you lied under oath, you were evasive, you know she threw a whole load of questions at him, everything that she worried about and said <unrecognisable word/s> 2 meters away from that door and, I mean, I sat in that court, you know, 2 meters away from that door and you screaming, in the accused's own words 'at the top of your voice' 'get out of my house, get out of my house' why your partner or your girlfriend wouldn't shout back at say 'listen, it's me' and then shoot 4 times, not once, but 4 times .. you definitely shoot to kill there, that's why that intent was to kill and I think that's why the state will appeal on that.

I - and you see yourself as making some submissions to the state if there's an appeal?

MB - well, we were going to .. all of us were going to testify on the case .. we can't testify on what happened that night because it had nothing to do with us .. even Sam Taylor, and if you read the book from the mother that's, you know, on Oscar and you see what's been on the (files?) about him 'oh I'll go to counselling .. I promise you I won't do this again' .. so you can see the pattern of events and the pattern that he has but you know, we were meant to testify .. Jared, myself and Gina Myers .. were still gonna testify and then obviously with all the incidents inside and outside the courtrooms and Gerrie just thought it better to rest the case and I think he did his job, again I think the state did their job for the conviction and I think they got the wrong conviction and the judge got the wrong sentencing . So, the state did their job

I - well, we'll know within the next week or so when this goes down .. Mark, thank you very much for joining us, I know you had great difficulty to get here this morning .. there's a lot of roadworks out there

B - thanks very much, thanks

.. does anyone know who this 'Gil' (?) person he is referring to who was with Pistorius at the VIP Room? (he wasn't with the cousin, apparently, as we had previously been led to believe)

Edit: Paul_1900 has said it is someone called Guil Yahav http://www.iol.co.za/news/south-africa/ex-bouncer-on-new-violence-charge-1.435511#.VEp6JGe8AYK .. and I've had to change the spelling of 'Gull/Guil' several times as it's spelt differently depending on where you look! I think 'Guil' must be right though.
 
Though the airgun has a silencer, the projectile hitting it's target does not. The bath was not struck by a blunt object such as a bat. The damage to the bathroom walls seems a bit extreme to suit the explanation given. Could pellet evidence have been disposed of though?
 
OK, the Mark Batchelor interview .. I've probably missed a few 'umms' and 'errs' and 'you know's plus there's a few unrecognisable words .. but this is pretty much all of it ..

.. does anyone know who this 'Gil' (?) person he is referring to who was with Pistorius at the VIP Room? (he wasn't with the cousin, apparently, as we had previously been led to believe)

His name is Guil Yahav. It seems he was friends with OP, but also belonged to a bunch of dubious guys - to say the least. I once started digging deeper into how the are all connected, i.e. also with Mikey Schultz and Mortimer.

Here is one link quickly about Yahav. http://www.iol.co.za/news/south-africa/ex-bouncer-on-new-violence-charge-1.435511#.VEp0yiKsWSp

Will try to get back later.
 
Just to clarify - The State did not "overcharge". Pistorius was charged with murder. Whether it was premeditated or not does not form part of the charge, and neither does the identity of the victim. The only alternative charge would have been culpable homicide.

Certainly they tried to show that he knew it was Reeva, and they proved this to my satisfaction (the evidence that the voices of two different people were heard just before the shooting), but unfortunately the judge ignored the evidence.

From early reports, analysts have always said that Nel overcharges with the hope of getting a lesser sentence. Yes, premeditated murder was an aggravating circumstance that Nel tried to fight for, but it did put him in a box. He fought hard to show that it was Reeva who was arguing with OP through the toilet door after which he shot.

If Nel had ignored who was behind the door (Reeva or intruder), he might have had an easier time getting a murder conviction...at least that's what Judge Greenland said.

I know it's always easier to criticize after the fact, but I sincerely believed that Nel fought for justice in this case and that he truly put his heart into it.
 
Hi Apples .. I'm just in the process of doing it, nearly finished now, thought I should better say so quickly just to save you from going to all the trouble/duplicating .. there a few places where I've listened to it over and over though and still can't recognise the words, so would be grateful for some help on that! It's an interesting interview though, in that he gives a better insight into what all that thing in the VIP Room was all about (and that he/his PR person wasn't very honest about it being his cousin he was with, it was someone else who I couldn't quite work the name out .. when Batch kept saying it, it sounded like 'Gil') plus also it really shows how those close to Reeva know that something was up between her and Oscar and they are absolutely convinced that he is lying with his version of events that night.

:loveyou::loveyou:

I will look forward to your transcription! That's much to work on, thank you now already! I'm curious, what the Batch had said. Didn't understand a single word because of his scratchy voice and the speed, he was in.
 
Thanks, I couldn't tell if the person who stated that way back then was familiar with SA law or not. Too bad though cause it would have been nice if there were a charge left over they could put on him later.
 
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