Post sentencing discussion

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Well, I'm confused again. I want Masipa out of it, of course! Just go and retire MiLady.. please!

This is from a Wall Street Journal article..I think you have to be a subscriber to read the entire article..I'm not..but for some reason I read it before they blocked the rest of it..I posted the link in one of my posts in the previous page:

The appeal will be filed directly at the Supreme Court of Appeals, a spokesman for the prosecution said, instead of the high court, the level at which it was tried. The move will expedite the process and raise its profile, according to Kelly Phelps, a senior lecturer in public law at the University of Cape Town.
 
That looks promising. I know for a while there have been discussions about the Prosecution being allowed to appeal on Factual Findings mainly because so many of the less able judges were making nonsensical judgements.


You are right


I also remember reading about that point some time ago, i.e. right of state to appeal on questions of fact. SA law commission worked on it, suggestions for changes on law were implemented subsequently in many countries, referring to suggestion made by that said SA commission. . . but ironically up to date NOT implemented in SA law :sigh: . . . would make life much easier for Nel and his team


Cannot find article, but saved a link to document. No idea if latest status though.
http://www.justice.gov.za/salrc/dpapers/dp89_prj73_agappeal_2000.pdf
 
I should be able to remember this but I'm so excited about the appeal that I can't think straight.

What's an example of a fact, in this case, that might be appealed (if it were allowed)?
 
Thanks for link to the social/probation officer story!

It's just amazing news about witness AV (Annette Vergeer). She applied for permission from her state employers to consult with OP and write a report privately -but then did it before they had said yes or no! She put her whole social work career on the line for Oscar, only to have the judge ignore her evidence anyway, because it was so bad. I wonder if she still thinks it was the right thing to do?
 
My power's cutting out and my house is falling down (again). But coming back from the dog walk and seeing this good news has made my day. An appeal is the right decision, in my opinion.

I'm worried - WTH do you mean by the BIB ????
 
At least, now, those in the public who've been threatening Masipa will leave her alone ( I hope).
 
No doubt, OP will be sobbing again tonight.

They'd better bring in his monagrammed green bucket, too (sans handle).
 

Nope..it's not up to Masipa..they are filing the appeal DIRECTLY at the Supreme Court of appeals..

:happydance:

Good! It just wouldn't be right if JM reviewed her own work. I'm sure she would give herself an A+. Anybody who would/could believe that hogwash the defense and OP put up and totally ignored all the state's witnesses has no credibility AFAIC.
 
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?

hmm, wasn't there something about a story planned to be published by one of these Magazines like "YOU", "Juice", or whatever they are ???
 
Nope..it's not up to Masipa..they are filing the appeal DIRECTLY at the Supreme Court of appeals..

:happydance:

Are you sure about this? Don't they first have to go to Masipa to request an appeal. If she approves it, great. If she doesn't, then they appeal to the court of appeals (or something named like that).

Would you have a link to this.
 
Please remember no name calling or negative comments about a person's looks.

Thank You
 
But that was the point of the speculation, had she convicted him of murder, the DT would possibly have appealed, and then he could have gotten a lower CH conviction. The only way she could guarantee he gets a murder sentence is for the PT to appeal. It was all just speculation anyway...

If she was so sure the PT would win the appeal to convert a CH conviction to murder conviction..then she should have been also sure the DT would lose the appeal to convert a murder conviction to a CH conviction..
 
Are you sure about this? Don't they first have to go to Masipa to request an appeal. If she approves it, great. If she doesn't, then they appeal to the court of appeals (or something named like that).

Would you have a link to this.

I quoted the article and posted it's link on the previous page..
 
Good! It just wouldn't be right if JM reviewed her own work. I'm sure she would give herself an A+. Anybody who would/could believe that hogwash the defense and OP put up and totally ignored all the state's witnesses has no credibility AFAIC.

I totally agree. This whole thing is ridiculous. I mean, the judge who made the decision will now decide if that decision should be appealed? Talk about a conflict on interest.
 
I meant threatened by Uncle Arnold, et al.

Of course I knew that's what you meant..my reply was that her "not guilty of murder verdict" put her in greater danger because of the anger of the entire society..to the point she needed a police protection. She knew that the majority viewed him as a murderer..so she must have known that a not guilty verdict will put her in serious danger..
 
No doubt, OP will be sobbing again tonight.

They'd better bring in his monagrammed green bucket, too (sans handle).

It seems to me that OP had severe difficulty coping (nothing to do with his disability) and led a chaotic life where he was out of control, but tried to hyper-control some parts of it. To compensate. And there was just nobody around to point out where he was going wrong. I actually think that once he has settled down, a lot of pressure will be off him. He can hyper-control his own environment (a small cell) and the prison will impose structure and clear boundaries for behaviour.

I don't think he'll enjoy it. But I think it may benefit him. Whether he'll remember any lessons learned when he's released, I don't know.
 
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