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

[kaos]

Mr Modise's testimony shouldn't be underestimated in this either so thankfully he got that flight or Judge Masipa would have had to rely on the ridiculous defence witnesses.

 

[soozieqtips]

Does anyone think that perhaps the judge was pressured to hand down something? Either by public opinion or her peers?

The reason I ask is that after her conviction statements and total swallowing of OP's story, I expected her to also give him a pass re: sentencing. The sentence seems inconsistent with those initial statements from her, no?

Thank God he is getting something. Great to see him hauled away right out of court; no chance to skidaddle to Mozambique. I wonder if he was packed? :laugh:

I do think he was highly medicated or sedated; looked to me that his eyes were very sleepy-looking.

Nel kept saying that OP's actions were so negligent that they bordered on intent. If Masipa had let him walk, she'd have risked an appeal by Nel, and perhaps a reversal of the original verdict. I don't think she'd ever considered jailing OP until Nel spoke for Reeva during the sentencing arguments, and outlined just how serious the crime was.

 

[Susza]

Well, if that's the case, Masipa conveniently left that little detail out of her sentencing explanation.

Yeah, technically he's going to prison but it's still a gross travesty of justice.

Nel MUST appeal.

(What's the F' ing point of a prison sentence if one can serve 1/6 and walk????)

I've got such a massive freakin headache.

Come on, Lux, I'll give you a good grappa!
Don't loose hope, it's NOT finished.

 

[Paul_1900]

agree wholeheartedly, and I never managed to understand why Masipa let all these witnesses carry on like that without ever admonishing them :facepalm:

Nels integrity is outstanding IMO, He may even regret the deal he made with M.Schultz (letting him off in the Brett Kebble case so he could serve as a witness against Jackie Selebi)

ETA sorry, this was to a previous post of soozieqtips

 

[newone]

Mr Modise's testimony shouldn't be underestimated in this either so thankfully he got that flight or Judge Masipa would have had to rely on the ridiculous defence witnesses.

He was definitely part of the avenging angels needed to get some oomph !
He was a bright star in this horrible sentencing fiasco.

 

[soozieqtips]

Will OP be allowed to use his phone whenever he wants to call his family and his imaginary friends?

Listening to the replay of Uncle's self-absorbed speech, and it reminded me of something many years ago, when a horrendously bad singer was put on a talent show by her family, and she was absolutely ridiculed and jeered at by the audience and the judges. It actually made the news! Her family didn't seem to be aware of just how bad she was. That blindness reminds me of the P family, in that they seem unable to see how badly they come across, how selfish and uncaring for Reeva, and how they (like OP) blame everything and everyone else for making OP feel bad, yet never blame OP himself.

 

[Susza]

BBM .. 10 months in jail and house arrest for the rest of the term? [/B]I'm not really sure how much more lenient she could've been, to be honest.[/B] Seriously, I don't think anyone should just accept the judge's sentencing on the basis that 'well at least she did actually come up with some jail time in the end!' .. that's not how the justice system is supposed to work!

BBM - I totally agree. And it was well hidden. Seems malicious to me.

 

[soozieqtips]

Okay, Sky News interviewee now saying that because OP has money, he'll be able to buy things, like phones and medicine (so he'll keep his phone then) and that owing to his fame, wealth and connections, his stay won't be that hard at all. Not good news, but he's off the streets for now, and that's something he'll be furious about.

 

[JudgeJudi]

i assume the 1/6th is due to the sentence being 5 years... anything more and it would have been 1/2. is this correct?
if so, masipa has used the system to be lenient rather than balanced. imo.

so 5 years for ch bordering on eventualis [her words]
3 years [albeit suspended] for tashas. and concurrent.

how does the tasha's sentence ever come into play?

When there are a number of charges and a convicted person is found guilty of more than one of them, they are nearly always served concurrently. However if there was murder plus, say, rape, that would be different and they would run consecutively.

 

[Paul_1900]

Feel a bit "duped" too, hearing 5 years imposed and realizing it may just be 10 month serving in fact. Still not sure what to make about

 

[JudgeJudi]

Is this supposed to be the Judge's last case? If the State does intend to appeal, I wonder if they have chosen not to indicate this during sentencing to allow the Judge to wrap things and exit proceedings without further ado.

This being her last case has been mentioned in some article. I don't wish to be rude, but I think she's past her use by date for a number of reasons.

 

[newone]

Okay, Sky News interviewee now saying that because OP has money, he'll be able to buy things, like phones and medicine (so he'll keep his phone then) and that owing to his fame, wealth and connections, his stay won't be that hard at all. Not good news, but he's off the streets for now, and that's something he'll be furious about.

what a joke --- more like a holiday then---taking phone would be a good start
he needs isolating from his enablers in order to learn any lessons MOO

 

[jay-jay]

The disabled person story making the news headlines today .. and it ain't Pistorius! It's this person .. and the groundbreaking surgery and treatment (that they have been developing since 1972) he has undergone to help him walk again http://www.bbc.co.uk/news/health-29645760 .. Pistorius is chip paper already! :floorlaugh:

 

[newone]

This being her last case has been mentioned in some article. I don't wish to be rude, but I think she's past her use by date for a number of reasons.

when is her actual retirement date?

It would be great if it was within 13 days!

 

[mrjitty]

IMO it was done by Nel to completely avoid putting Botha on the stand. The focus of OP's trial was completely shifted once those revelations came out and it gave those who wanted a 'get out clause' for OP to then say the police were too corrupt. Nel tried to keep the focus on OP so deliberately left stuff out that he thought would be hotly contested and to avoid Roux changing it to Botha being a 'patsy'.

Was Botha accused of any misconduct in this case?

I didn't follow the bail proceedings

 

[Paul_1900]

fom Guardian:
My colleague Owen Gibson, the Guardian’s chief sports correspondent, confirms that Pistorius will be banned from athletics competitions until 2019:

‘The rules state that if someone is given a five-year sentence by a court, they must serve that sentence before returning to competition,’ an IPC spokesman told the Guardian.

The 27-year-old South African will be 33 by the time of the Tokyo Olympics and Paralympics in 2020 but it is debatable whether he will be in any shape to compete by then. There will also be a question mark over whether he will be able to travel freely to some countries having been convicted of culpable homicide.

At last it will save us from watching him setting his foot on a racing track again

 

[pandax81]

i assume the 1/6th is due to the sentence being 5 years... anything more and it would have been 1/2. is this correct?
if so, masipa has used the system to be lenient rather than balanced. imo.

so 5 years for ch bordering on eventualis [her words]
3 years [albeit suspended] for tashas. and concurrent.

how does the tasha's sentence ever come into play?

Hi sleuth-d-

Its not 1/6th minimum detention because it is a 5 yr sentence, it is because Masipa chose this special sentence option. A standard 5 yr sentence would be 1/2 minimum detention.

I set out all the boring specifics in this post

 

[delilah]

Nel kept saying that OP's actions were so negligent that they bordered on intent. If Masipa had let him walk, she'd have risked an appeal by Nel, and perhaps a reversal of the original verdict. I don't think she'd ever considered jailing OP until Nel spoke for Reeva during the sentencing arguments, and outlined just how serious the crime was.

i think the sentencing witnesses were crucial. Vergeer and Maringa were truly dreadful, and were shredded by Nel, while Martin and Modese were sound.

 

[JudgeJudi]

I guess he figured there was no point in retching, crying or sobbing any more

Just like "there was no point" in screaming when he opened the toilet door and saw Reeva.

 

[delilah]

Was Botha accused of any misconduct in this case?

I didn't follow the bail proceedings

botha caused untold damage to the state's case. Without him, I reckon Nel could have got a verdict of dolus directus.