Trial Discussion Thread #59 - 14.21.10, Day 48 ~ sentencing~

[4MrsB]

I don't think that JM wanted to give him a custodial sentence at all. She responded to public feeling and as she said herself went for 'balance', sending him to prison for a token period of time. The way the system works he will not be in prison long enough to have all the wonderful therapy she was so keen on. I hope the NPA do appeal, on JM's own reasoning and the cases she used for precedents, it should have been Dolus Eventualis. MOO

I agree. But I felt misled by her words, when she was using the 2 cases as a guideline. She stated with regards to the one sentenced to "8 years, 5 suspended" that it was too lenient for this case, for X, Y, Z reasons. . . . . but then she sentences OP under the 276 (1) i criminal procedural act - allowing his possible release after 1/6 of the sentence. Makes NO sense. (Much like her verdict, and contradicting herself with regards to knowing intruder/person in bathroom vs disregarding that impt point because "he thought Reeva was in the bedroom". Uggh. Confusing.

 

[zwiebel]

Carl Pistorius ignored media and poor Nel got caught up in a queue to get out of court.

Presser live now. I'm listening to.

 

[LemonMousse]

Arnold is angry.

 

[lithgow1]

Why?

If they couldn't ban him before sentencing, on what basis can they do it, now?

I don't know - that's just what it says on the Guardian website plus this new tweet below. Maybe they have some clause allowing them to for moral or criminal or other reasons. something about 'we reserve the right to ...'.

Confirmation of that report that Pistorius has been banned from competing at Rio in 2016 from the Guardian’s chief sports correspondent Owen Gibson:

Owen Gibson @owen_g

The IPC confirms that Pistorius won't be allowed to return to competition for five years.

PS Just noticed the five years bit at the end. Maybe it's a ban on anyone currently under any form or legal sentence. Anyway, after five years he'll be too old I imagine.

 

[soozieqtips]

Arnie now slating the state.

 

[Interested Bystander]

I read on ENCA.com that by sentencing Oscar under 276 (1) i (as opposed to 286 (1) h) it meant: "head of the prison has the discretion to release him at any time", but with a minimum served of at least 1/6 of the sentence (10 mo) before this could even be considered.

So perhaps, the "i" allows the option of getting out sooner, but doesn't mean it will automatically take place. Also, the mention of the "head of prison" was interesting. (Not sure how accurate that is.)

I have read before that the Head of Prison can release prisoners encarcerated if he considers it appropriate. I will try to find the article. I think it is in the CPA for SA. Can anyone see a large amount of money changing hands any time soon?

EDIT on second thoughts I think what I read was he can release prisoners awaiting trial if prison becomes overcrowded etc. Effectively putting them on bail I suppose.

 

[Aika]

If you can stomach it - Arnie live:

http://www.telegraph.co.uk/news/wor...is-sentence-for-shooting-Reeva-Steenkamp.html

 

[kaos]

"The case has been dragged out for 7 months". Still trying to shift blame and not accepting that OP killed Reeva. They should be ashamed of themselves but then they'd have to feel empathy with Reeva's family and that doesn't seem to be a trait of the Pistorian clan.

 

[jslk]

Urgh Uncle Arnold's statement. The family accepts the sentence. Requests media to give some degree of dignity and privacy as they move fwd. (!)

 

[Fuskier]

This means that, a person can be considered for parole. Doesn't mean they will get it! I don't know what the likelihood of someone convicted of CH that bordered on murder would get past a parole board or whatever it's called in SA. Interesting that the Judge could have directed a minimum non parole period but chose not to. So as to the defence and prosecution claiming when he would get out of jail is just speculation in my opinion.

But given the possibility of parole after less than a year, how can the Steenkamps possibly be happy with this sentence. They would know what 5 yrs jail could mean in terms of parole. I think there is a deal done somewhere.

Even if the Steenkamps don't want an appeal on verdict, the State could still appeal and I think they will. Guess we find out within 14 days.

Agree, I speculate maybe parties have been consulted and a deal has been agreed to ...

 

[zwiebel]

Arnold: .....harrowing 20 months...we are all exhausted....case dragged out. State tried to force a puzzle into premeditaed murder, when they realized the mosaic didn't fit, decided to create collatoral damage by creating cloud of 'premeditated murder....

 

[AlexUK]

'Oscar will embrace this opportunity to pay back to society....'

Yeah right!

 

[LemonMousse]

So according to Arnold, the State should have ignored REEVA'S SCREAMS and all the evidence against the killer?

No, the State did the right thing in prosecuting him. There was every chance that, with a different judge, the outcome would have been different.

 

[AW2B]

It does make you wonder, doesn't it .. that thing with 'doing a deal' re. the phone Carl wiped, I find absolutely astonishing!

Many of us wondered why Nel didn't pursue obvious incriminating evidence..why did he accept that there were only TWO people in the house.. ignoring the fact that there was a THIRD person there????????

 

[zwiebel]

A: The family accepts the verdict...Oscar will have opportunity to rehabilitate...I hope the media will give him the chance....I hope Oscar will start his own healing as he walks the path of recovery...


Refuses to answer any questions.

 

[soozieqtips]

So according to Arnold, the State should have ignored REEVA'S SCREAMS and all the evidence against the killer?

No, the State did the right thing in prosecuting him. There was every chance that, with a different judge, the outcome would have been different.

I'm sure if Aimee had been gunned down in a small toilet, Arnold wouldn't have accepted her screams being ignored.

 

[newone]

Former prisoner interviewed on Sky and confirms Defence's case that prison conditions are truly horrendous. Even the hospital section is dangerous because prisoners break plates and use them as weapons and, in this case, the General has given an order...

Hopefully every time he uses the potty or has a shower he will be very worried........

 

[Aika]

Dadic: If the defence camp are hoping for Nel to go away and not appeal, being scathing of the way the state ran its case, won't help.
https://twitter.com/DavidDadic/status/524502457234513920

Dadic: The truth is irrelevant - the Judge called his nephew a liar in her judgement.
https://twitter.com/DavidDadic/status/524503211055804416

Tyrone Maseko:Once again uncle Arnie's presser ill-conceived.
https://twitter.com/tyronemaseko/status/524502517389197312

 

[Alyce]

A: ....I hope Oscar will start his own healing as he walks the path of recovery...

snip ...... I honestly wonder how he manages to say that with a straight face !

 

[kaos]

So according to Arnold, the State should have ignored REEVA'S SCREAMS and all the evidence against the killer?

No, the State did the right thing in prosecuting him. There was every chance that, with a different judge, the outcome would have been different.

Completely agree. If it wasn't for those screams, he wouldn't be serving any jail time. I also think he knew there was a possibility somebody heard him screaming "get out of my ******ing house" and that's the only reason he admitted to that in court.