Trial Discussion Thread #58 - 14.17.10, Day 47 ~ sentencing~

[Deleted member 102539]

Barry Bateman @barrybateman · 1 Std. Vor 1 Stunde

#OscarTrial Nel: asks the court fro disregard his disability as a factor. There are grumbled from the Pistorius side of the gallery. BB
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Barry Bateman @barrybateman · 1 Std. Vor 1 Stunde

#OscarTrial Nel: it’s disturbing that a person who fought to compete with able-bodied people now uses disability in mitigation. BB
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[Deleted member 102539]

Oscar Trial Channel @OscarTrial199 · 48 Min. Vor 48 Minuten

#oscartrial Nel says this crime is so serious, the minimum term that society will be happy with is 10 years. Negligence border on intent.
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[Interested Bystander]

Why didn't OP use his giant handkerchief?

View attachment 61457

Another thing kaos mentioned earlier, was why Nel didn't point out how much money Reeva could have made in her lifetime? She was helping out her family and was doing well financially, but OP put a stop to that.

We know he is an attention seeker and the worse he looks the more he garners (he hopes) public sympathy. I think most of us on the forum see straight through this and see him for what he is - A TOTAL FAKE!

 

[kaos]

I've just been extolling the virtues of having Hola to access blocked sites and never thought of doing it for Oscar Radio. Just switched it to South Africa and now the audio is fine - they've just shut down early for the day!!

 

[ColonelMustard]

R: We understand how they want to return the $6k per month. I don't want it. Give it to charity....he (OP) wants to do more....wants to make good, as far as possible.

$6k = $6,000 USD per month?

I think it was 6,000 rand, right? = $542.184 USD per month today's exchange rate.

 

[lithgow1]

This is good reading once we have time to sit back and reflect.

http://www.mirror.co.uk/news/world-news/oscar-pistorius-sentencing-live-updates-4451434

 

[Greater Than]

He did say a minimum of ten years and made the comment that he's not going to ask for 15 in the hopes of getting ten. We know he'd have thought life was the correct sentence but he is also probably aware that Pistorius would definitely appeal a ten year sentence and that could backfire. JMO

I watched it live; I heard what he said.

When the judge asks the prosecutor what he feels an acceptable sentence is, "minimum 10 years" is not the same as saying "15 years." Nel argued premeditated murder the entire trial. He should have said the only acceptable sentence is the maximum allowable for the lesser charge he was convicted of.

MOO

 

[Cherwell]

The problem with that, in OP's case at least, is that who really believes his shenanigans would ever see the light of day? Uncle Arnold would make sure they didn't, and life would carry on as normal.

That depends. They might be able to cover up a punch-up in a club, but something more serious and/or more public might pose problems.

On the other hand, there might come a point where Arnold has had enough.

 

[ColonelMustard]

I'm so sick and tired of hearing about his vulnerability. What about the vulnerability of society when they're exposed to him? You're not even safe going to a restaurant when he's around.

It worked for the verdict, didn't it?

Roux's just singing the same song.

Masipa likes that tune.

 

[Interested Bystander]

I am not sure why Nel said this case bordered on Dolus Eventualis. That suggested to me that he may not be going for an appeal?? Surely he would/should have said that in his opinion this was Dolus Eventualis or can he not do that because a judgement already has been made. Somebody tell me I am wrong with respect to Nel giving up - pleeeeease!

 

[LemonMousse]

I am not sure why Nel said this case bordered on Dolus Eventualis. That suggested to me that he may not be going for an appeal?? Surely he would/should have said that in his opinion this was Dolus Eventualis or can he not do that because a judgement already has been made. Somebody tell me I am wrong with respect to Nel giving up - pleeeeease!

I don't know for sure, but I think if he'd said "In my view, this was dolus eventualis" it would have been considered highly disrespectful because that was not the courts finding. He'd effectively have been saying he considered her judgement wrong - and it was neither the time or place for that.

Most legal people are certain that if Pistorius doesn't get a solid custodial sentence, the State will appeal. Not the sentence, but the judgement itself.

So don't panic!

 

[lithgow1]

I watched it live; I heard what he said.

When the judge asks the prosecutor what he feels an acceptable sentence is, "minimum 10 years" is not the same as saying "15 years." Nel argued premeditated murder the entire trial. He should have said the only acceptable sentence is the maximum allowable for the lesser charge he was convicted of.

MOO

OK OK. From my understanding what he argued during the trial is now irrelevant as the verdict did not support the state's case so he has to work within the parameters of CH. I'm sure he has his reasons for why he said what he did.

 

[ColonelMustard]

Nel understands mercy. He knows the court will, as far as possible, be merciful. We have a privileged person in the top 100 in the world. His manager said OP could have earned millions, now he can't. That can't be an argument. He caused it himself.

He caused it himself.

Indeed, but JM considers it an unintentional accident. That's the rub.

 

[ColonelMustard]

Interesting, Barry Roux has also lost a child pre Annika Larsen on ENCA tv

What? You mean in real life Roux has had a child that died?

 

[ColonelMustard]

In the UK, I think that you can be charged with murder, plead not guilty to that, but guilty instead to manslaughter (even though you haven't been charged with that).

So, does anyone know....could OP, for example, have plead not guilty to murder but guilty to CH instead?

If he could have done, then that proves his "acceptance of responsibility" is a pack of lies.

I understood that Nel refused to accept any plea/deal from OP.

 

[lithgow1]

I like this guy's tweets but can't see the logic in this one. Not saying he's not possibly right about no prison time but don't see why delivering the verdict next Tuesday supports that hunch. If anything I'd have thought it would take longer to work out the details of house arrest etc.

David Dadic @DavidDadic · 10m 10 minutes ago
Given that she's delivering on Tuesday,which is pretty soon considering the past,I find it difficult to believe shes giving a jail term. IMO

 

[LemonMousse]

He caused it himself.

Indeed, but JM considers it an unintentional accident. That's the rub.

That's what's not clear.

She doesn't consider it an unintentional accident since she acknowledges that he intended to fire and did so deliberately.

But she (bizarrely) doesn't think that this necessarily means he intended to kill.

So, on the one hand the incident wasn't an accident, but the death was unintended.

Makes no blessed sense to me, but that is apparently what she is saying (I think!).

 

[Interested Bystander]

I don't know for sure, but I think if he'd said "In my view, this was dolus eventualis" it would have been considered highly disrespectful because that was not the courts finding. He'd effectively have been saying he considered her judgement wrong - and it was neither the time or place for that.

Most legal people are certain that if Pistorius doesn't get a solid custodial sentence, the State will appeal. Not the sentence, but the judgement itself.

So don't panic!

Thank you LM. I have read on a number of occasions that even if Nel appeals that the sentence cannot be changed, only the judgement. If a sentence anywhere near 10 years is given I am sure Pistorius will want to appeal but I understand if he does he runs the risk of a murder conviction being imposed and the sentence then can be changed. Is that correct?

 

[Deleted member 102539]

http://www.ngtrends.com/2014/10/we-will-take-care-of-you-prisoners-tells-oscar-pistorius/

“People here are lovers not haters,” one prisoner told The Times. “All Mr Pistorius need do is associate himself with positive people.”

If imprisoned by Judge Thokozile Masipa, Pistorius is likely to live in a single cell in the prison’s hospital wing, acting national commissioner for correctional services Zach Modise testified in court yesterday.

Several prisoners serving time at Kgosi Mampuru II yesterday said that Pistorius’s fears about his wellbeing in prison were unwarranted.

One prisoner, serving 15 years for armed robbery and speaking on condition of anonymity, said: “It is his fame that will give him his protection … that and whatever money he has to buy . the necessaries. Bartering in prison is the game … cigarettes and money. If you have or can get them, then you are fine,” he said.

He said the advice of prisoners – who had been watching the trial on mobile satellite-TV devices – was that Pistorius should associate with the “right people”.

“Associate with the right people, the lovers: those who see a future for themselves outside prison. Your protection through your fame is a definite. Everyone knows you.

“Pistorius will have people who clean and wash for him, do things for him,” he said.

 

[zoran]

I think Nels very last witness yesterday has put the trial back on track. Its going to be very very difficult for M'lady to go with her original and already decided sentence of 16 hrs floor sweeping a month.

She will go home and crack open a bottle of sherry and curse both M and Nel IMO