Post sentencing discussion

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Anyone else had any dreams related to this trial or related to any of the players in this trial.
Last night i had the most vivid dream that Gerrie Nel was cross examining Gerry McCann, woke up very disappointed.

I would like to dream about cross examining Kate, would not like to awake disappointed ...
 
http://www.news24.com/SouthAfrica/News/Reevas-Joburg-dad-speaks-20130224

With what we are finding out about OP, I can't understand why a lovely girl such as Reeva would date him twice let alone for 10 weeks. She met him on Nov 4 and this event would have occurred either the next week or the week after. I wonder if they had any dates in that time? Maybe OP avoided her while he had the black eye and was sorting out his problems with Quentin Van der Burgh and Sam Taylor. But surely people told her about this fight unless he lied to her about how it was caused and she chose to believe him. They did not seem to start dating regularly until December, 2013 and I read that Reeva followed Sam Taylor on Instagram to keep up to date with what was going on with ST and OP.

After the couple's first date, Pistorius "would not leave her alone", Mr Myers said.
He kept pestering her, phoning and phoning and phoning her. Oscar was hasty and impatient and very moody – that's my impression of him.
She told me he pushed her a bit into a corner. She felt caged in. I told her I would talk to him. I told him not to force himself on her. Back off.

"He agreed, but his face showed me what he was thinking: 'Oh, this guy is talking nonsense'."

http://www.telegraph.co.uk/news/wor...as-told-to-back-off-from-Reeva-Steenkamp.html

Cecil remembers their first date, shortly after she broke up with her former boyfriend.

“She went with Oscar to a sports-awards evening. And after that he wouldn’t leave her alone. He kept pestering her, phoning and phoning and phoning her.

“Oscar was hasty and impatient and very moody – that’s my impression of him.

http://www.news24.com/SouthAfrica/News/Reevas-Joburg-dad-speaks-20130224
 
http://www.destinyman.com/2014/03/05/oscar-and-reeva-a-loving-couple/

It stands to reason that Pistorius must have been feeling the pressure to keep his celebrity flame burning as brightly as possible.

When Oscar invited Reeva to attend the SA Sports Awards in November 2013 — a few weeks after his disappointing performance — she was initially reluctant to go. She also stalled Heat magazine, which was pushing for a story about the couple, postponing interviews and asking them to delay putting them on the cover.

With her television appearance on the reality show Tropika Island of Treasure imminent, Reeva felt her own brand image was at stake, and wanted more time to figure out the relationship.

But Oscar wanted her in his spotlight.
 
Unsuccessful Attempts to Justify Judge Masipa’s Errors (Revised & Expanded)

In conclusion, we have seen several attempts to justify Masipa’s judgment, all of which seem to fail.

It does not make Masipa’s judgment right to pretend that her reasons were reasons that would make her judgement right:

that she decided that the accused had not accepted the risk of killing the deceased,

that she recognised putative private defence, or

that she found that the accused only intended to injure the intended target.

These were not her reasons and, however valid they may be, it doesn’t help to pretend that they were her reasons.

It also doesn’t help to attempt to justify the distortion of our law on dolus indeterminatus and dolus eventualis applied to error in objecto and the logical error made by Masipa.

The law on dolus indeterminatus and error in objecto is clear. Nominal/name identity is irrelevant – for that very reason it cannot help the accused if he thought that it was B behind the door; nor can it help an accused who argues that he thought that it was not C. The identity of whoever was behind the door remains irrelevant – and the indictment did not need to remind the judge that it is not relevant.

Finally, there is no reason to ignore this clear law (that nominal/name identity is irrelevant) just because the scenario triggers the rules relating to both error in objecto and putative private defence. There appears to be nothing to save us from the inevitable conclusion that Masipa made errors of law and errors of logic.

http://criminallawza.net/

Huh..?
 

Mr. Fossil..thank you so much for the link..

I noticed that Mr. Nathi Mncube stated in his TV interview that they will file an application for leave to appeal with the Registrar of the High Court. Then they will argue before Judge Masipa.
Well..according to the Wall Street Journal article..Mr. Nathi said the exact opposite that the prosecution will file the appeal DIRECTLY at the Supreme Court of Appeals.

Anyhow..I sent an email to Matina Stevis the author of the WSJ article inquiring about this matter..she responded that Mr. Nathi definitely told her that they will file directly at the Supreme court of appeals INSTEAD of filing the appeal at the High Court..

Do you have any idea what time it was when he said that on TV? I'm thinking ..maybe the prosecution changed their plans..so I'm trying to figure out if the article was the latest update from the prosecution..

I do hope they go directly to the Supreme Court of Appeals...
 
Brasiliaanse Olimpiese en Paralimpiese organiseerders sê Oscar Pistorius is welkom om deel te neem aan die ​2016 Spele in Rio de Janeiro, indien die Suid-Afrikaner ​wenslik v​erklaar word.

Pistorius het verlede week 'n vonnis van vyf jaar begin uitdien weens die skietdood van Reeva Steenkamp op 14 Februarie 2013, maar hy kan al ná net 10 maande vrygelaat geword.

Google translator:
Brazilian Olympic and Paralympic organizers say Oscar Pistorius is welcome to participate in the 2016 Games in Rio de Janeiro, where the South African desirable is declared.

Pistorius said last week a sentence of five years began serving out the shooting death of Reeva Steenkamp on February 14, 2013, but he may have just 10 months after release become.

http://www.netwerk24.com/sport/2014-10-29-oscar-pistorius-welkom-by-2016-olimpiese-spele
 
Thank you Estelle.

I didnt realise about the libel problems, admitedly I've been on the fence and never really followed the McCann case closely - I have no idea if they are guilty or not, but it always raises alarm bells when people threaten legal action over people posting theories and opinions.

Find it very odd that OP messaged Katie Price on Twitter!
 
http://theafricaneye.com/2014/10/29...unces-appeal-against-conviction-and-sentence/

Its official! South Africa’s National Prosecution Authority has announced on Twitter that it will appeal against both the conviction and judgement in the celebrated Oscar Pistorius case. The post on the NPA’s official Twitter handle says: ‘Oscar Pistorius judgement, NPA will be appealing both the conviction and sentence’.

You’ll recall that THE AFRICAN EYE indicated the possibility of an appeal in a report on 25 October. (Catch-up here).

Pistorius was given a five-year sentence for the culpable homicide of Miss Steenkamp, 29, last week with a strong possibility that he could serve as little as ten months in prison before carrying out the rest of the sentence under house arrest.
 
Mr. Fossil..thank you so much for the link..

I noticed that Mr. Nathi Mncube stated in his TV interview that they will file an application for leave to appeal with the Registrar of the High Court. Then they will argue before Judge Masipa.
Well..according to the Wall Street Journal article..Mr. Nathi said the exact opposite that the prosecution will file the appeal DIRECTLY at the Supreme Court of Appeals.

Anyhow..I sent an email to Matina Stevis the author of the WSJ article inquiring about this matter..she responded that Mr. Nathi definitely told her that they will file directly at the Supreme court of appeals INSTEAD of filing the appeal at the High Court..

Do you have any idea what time it was when he said that on TV? I'm thinking ..maybe the prosecution changed their plans..so I'm trying to figure out if the article was latest update from the prosecution..

I do hope they go directly to the Supreme Court of Appeals...

The Wall Street Journal article was last updated Oct. 27, 2014 12:29 p.m. ET

http://online.wsj.com/articles/sout...eal-pistorius-verdict-and-sentence-1414417054

The SABC interview on YouTube was also 27 Oct and the interviewer says "good evening" at the start. That's the best I can do!

I guess you could ask Nathi Mncube via his twitter account https://twitter.com/mncube_nathi
 
Mr. Fossil..thank you so much for the link..

I noticed that Mr. Nathi Mncube stated in his TV interview that they will file an application for leave to appeal with the Registrar of the High Court. Then they will argue before Judge Masipa.
Well..according to the Wall Street Journal article..Mr. Nathi said the exact opposite that the prosecution will file the appeal DIRECTLY at the Supreme Court of Appeals.

Anyhow..I sent an email to Matina Stevis the author of the WSJ article inquiring about this matter..she responded that Mr. Nathi definitely told her that they will file directly at the Supreme court of appeals INSTEAD of filing the appeal at the High Court..

Do you have any idea what time it was when he said that on TV? I'm thinking ..maybe the prosecution changed their plans..so I'm trying to figure out if the article was the latest update from the prosecution..

I do hope they go directly to the Supreme Court of Appeals...

I think it's the 2 steps of the process which may cause confusion, you mentioned them both in your post :)

1) they will file an application for leave to appeal with the Registrar of the High Court
2) the prosecution will file the appeal DIRECTLY at the Supreme Court of Appeals.

There is a very useful post on previous page from JJ with the transcript of the Mncube interview. Hope that can help ?
 
What I find most disturbing is that Katie Price has a newspaper column!

True! I wonder what pearls of wisdom she is dropping on the British public - she's hardly the first person I would have thought of going to for an insight into the court and legal procedings!
 
I think it's the 2 steps of the process which may cause confusion, you mentioned them both in your post :)

1) they will file an application for leave to appeal with the Registrar of the High Court
2) the prosecution will file the appeal DIRECTLY at the Supreme Court of Appeals.

There is a very useful post on previous page from JJ with the transcript of the Mncube interview. Hope that can help ?

That sounds right until you read further down the WSJ article (I managed to keep a copy of it) where it says:

First, the Supreme Court has to approve the move to appeal, a decision based on whether it is likely that a different judge would have reached a different verdict from Judge Masipa.

http://online.wsj.com/articles/south-african-prosecutors-to-appeal-pistorius-verdict-and-sentence-1414417054

I guess we'll know soon enough.
 
I think it's the 2 steps of the process which may cause confusion, you mentioned them both in your post :)

1) they will file an application for leave to appeal with the Registrar of the High Court
2) the prosecution will file the appeal DIRECTLY at the Supreme Court of Appeals.

There is a very useful post on previous page from JJ with the transcript of the Mncube interview. Hope that can help ?

Thanks..but from the TV interview ..you get the impression that it would be up to Massipa to grant or reject the application..then what? Also ..what's the difference between "leave to appeal" and "move to appeal"? TIA

This is what I was referring to in the article:
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.
Nathi Mncube, spokesman for the prosecuting authority, said the prosecution was preparing the legal documents and will file them, formally starting the appeal process, by Tuesday Nov. 4.

And this

First, the Supreme Court has to approve the move to appeal, a decision based on whether it is likely that a different judge would have reached a different verdict from Judge Masipa
 
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