Post sentencing discussion

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Prof Grant didn't have much to add. He doesn't think that Oscar will be allowed to ask for bail under these circumstances, although he wasn't entirely sure.
 
Bullet points from interview with Professor James Grant on 702

JG wasn't in the know about the NPA decision

DE has required some attention for 30 years and has been responsible for some strange decisions.

Error in objecta law needs an authoritative case

Fault requirement for unlawful possession of a firearm needs clearer definition

The ruling that a competent verdict (e.g. CH versus murder) doesn't amount to an acquittal should be revisited by the new SCA.

JG thought OP was not automatically entitled to apply for bail but could be wrong, he hasn't had time to fully research this. OP would have to cross-appeal either the sentence or the conviction to be entitled to reapply for bail.
 
kaos said:
I wouldn't imagine so as it's the state who are starting the process. If it had went the other way and OP was convicted of murder and given a hefty sentence then I'd presume it would have cost him money for lawyers then.
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For sure I am not expert on appeal process . .

IIRC the far better posters around here, he will need a lawyer to present arguments against appeal. Some cases are dealt with just based on court transcripts and docs of all evidence, photos, expert reports etc. But in some cases there is a hearing where both sides can present their arguments.
 
Mr Fossil said:
Bullet points from interview with Professor James Grant on 702

JG wasn't in the know about the NPA decision

DE has required some attention for 30 years and has been responsible for some strange decisions.

Error in objecta law needs an authoritative case

Fault requirement for unlawful possession of a firearm needs clearer definition

The ruling that a competent verdict (e.g. CH versus murder) doesn't amount to an acquittal should be revisited by the new SCA.

JG thought OP was not automatically entitled to apply for bail but could be wrong, he hasn't had time to fully research this. OP would have to cross-appeal either the sentence or the conviction to be entitled to reapply for bail.
Click to expand...

Just would like to add 2 points to yr excellent summary

- posession of firearm needs to be claryfied as well
- he pointed out it's not related to a single person involved (reading in my view as not meant to "attack" on the person of OP)
 
Oscar Pistorius. Can a singularity throw him into jail for life? Paperback – February 12, 2014
by A Boldireff Strzeminski (Author)

I have never heard of this book before, have you?
 
Paul_1900 said:
As I understood she has to be adressed for leave to appeal, but if rejected state can go to Supreme Court directly (as IB wrote above)

I rely on Prof Grant, he will explain all the details to us :-)
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BBM .. well that's the bit that was worrying me, because all she would need to do is grant it, and then if it was her presiding over the actual appeal, then all she will do again is say that the first judgement was the correct one. Reading kaos's post it doesn't seem as though that can happen though (I think!).
 
jay-jay said:
BBM .. well that's the bit that was worrying me, because all she would need to do is grant it, and then if it was her presiding over the actual appeal, then all she will do again is say that the first judgement was the correct one. Reading kaos's post it doesn't seem as though that can happen though (I think!).
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No need to worry, she definitely doesn't hear the appeal
 
Mr Fossil said:
Can anyone enlighten me as to what benefit the ANC gain by becoming a Friend of the Court?
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I did hear them explain it once but I didn't pay much attention at the time lol. That will teach me, I'll now have to try to find if ENCA has a clip about it.
 
Judgejudi said:
I've read all these before, but thank you. The BBC interview is on the list. OP shouldn't have gone to the Olympics because he didn't have the best times. There was another athlete who had beaten OP's times on numerous occasions but he was dropped from the team in favour of OP. It was a political decision. How grossly unfair is that.
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Yes, I read about the athlete who was bumped from the team so Oscar could have the spotlight. I can't remember his name now, but he was fairly bitter about the whole ordeal. Oscar has always been over-hyped in my opinion. I guess you could say he was the perfect farce.
 
Estelle said:
More about OP's legal fees:

A source close to the Pistorius family reportedly told the newspaper that R10m was still owing in legal fees.

So this debt has raised questions about who might defend Pistorius should the state appeal the judge’s controversial decision to acquit him of the murder charge – something that must be decided before November 4.

The source said that since Pistorius had no money or earning power, the legal bill had been passed to his family. However, there is “great unhappiness” about its size, the source added, and Pistorius’s uncle Arnold is understood to be challenging it on the grounds that it is “much higher” than expected.

http://www.telegraph.co.uk/news/wor...storius-spent-1m-defending-murder-charge.html

So this is the reason why we did not see Oldwage in the court. I really didn't think he was necessary anyway.

It will be very interesting to see how this pans out.

What is your prediction?
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I didn't think a lawyer on his side would be necessary because a panel of judges just read the transcript and decided from that???
 
Estelle said:
Oscar Pistorius. Can a singularity throw him into jail for life? Paperback – February 12, 2014
by A Boldireff Strzeminski (Author)

I have never heard of this book before, have you?
Click to expand...

No, I haven't .. I've just read the first few pages in the preview, and this bit was interesting "An important interview had been scheduled for them a week after Valentine's Day." .. I didn't know about that, I wonder who it was with?
 
Mr Fossil said:
Can anyone enlighten me as to what benefit the ANC gain by becoming a Friend of the Court?
Click to expand...

"She said that, if, in a possible appeal, the ANCWL was granted the status of a friend of the court, it would collaborate with the Progressive Womens' Movement, and even possibly the ANC Youth League, to appoint a legal representative.

In terms of the law, a person or group not directly connected to a case can apply for the position of amicus curiae - a friend of the court - if they feel their interests or knowledge are relevant to proceedings.

As a friend of the court, Mofokeng said the ANCWL's unhappiness with the legal understanding of culpable homicide could be raised by its representative."

http://www.iol.co.za/news/crime-courts/ancwl-already-eyeing-oscar-appeal-1.1765021#.VE5tLPmUeSo
 
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