Discussion Thread #60 - 14.9.12 ~ the appeal~

[zwiebel]

Nel: The court shld have taken account of all the circumstantial evidence in the room.

 

[ColonelMustard]

I don't want this to ever end.

 

[zwiebel]

Nel: It’s inconceivable that he had any intention other than to kill that person or accepted that he may.

It is an erroneous application of dolus eventualis.

http://www.theguardian.com/world/li...ecution-appeal-culpable-homicide-verdict-live

 

[katydid23]

Haha, it's not hard to tell that she's peed off... she looks like she's gonna sentence Nel to 5 yrs... with no chance of parole.

Hahahahahahaha SO TRUE.....she looks like my Grandmother looked when I tried to introduce her to my long haired boyfriend with the hoop earring...:slap:

 

[Lux et Veritas]

And there it is in all its simplicity ... Masipa's grand error - she found that OP intended to shoot but he did not intend to kill anyone.

WHAT, then, did he intend?

He was never under attack nor did he allow any escape by the "intruder".

She simply ignored any logical inferences and consequences of INTENT to SHOOT under such excruciatingly narrow circumstances - all in favor of her own fantasy law and biased verdict.

Wow, Nel laying it all out in one go, stark black and white, her verdict and sentence are so much worse than we even think.

There's simply no way the SCA can or will ignore or dismiss this case. I believe it will not only convict OP of murder and up his sentence, it will make groundbreaking law to clarify any remaining fuzziness with regard to dolus eventualis ... it must.

 

[zwiebel]

Nel reads from the judge’s findings that Pistorius did not subjectively foresee that his actions would kill the deceased.

The court accepted one of a plethora of versions [of Pistorius’s defence], which the court was not entitled to do.

The court should have considered whether he meant to shoot whoever was in the toilet cubicle, whether that was Steenkamp or the supposed intruder.

http://www.theguardian.com/world/li...ecution-appeal-culpable-homicide-verdict-live

 

[zwiebel]

My live feed has gone to news again. I hear Pierre Korkie is home. Rest in peace. So tragic. Poor Yolande.

 

[katydid23]

Barry Bateman @barrybateman · 2m 2 minutes ago
#OscarPistorius Nel: the court did not deal with the circumstantial evidence that rendered Pistorius’s version impossible. BB

Barry Bateman @barrybateman · 3m 3 minutes ago
#OscarPistorius Nel: the court excluding circumstantial evidence is a question of law - e refers to case law. BB

 

[Estelle]

Masipa has a new hairstyle!

 

[zwiebel]

Phakamile Hlubi ‏@phakxx 3 mins3 minutes ago

Nel says the courts acceptance of #OscarPistorius's defence is "erroneous" #OscarTrial .@eNCAnews

The_Citizen_Reporter ‏@CitiReporter 3 mins3 minutes ago

#OscarTrial. Nel says Judge was not entitled to pick a version out of the plethora of versions presented by Oscar. #citi - ^ID

 

[Lux et Veritas]

YES!!! Nel makes hard distinction between "fact" (objective) and "finding" (subjective).

This was a crucial, brilliant point on his part. Bravo.

 

[44ALLAN]

On a totally unrelated side note -

[ Am I the only one who thinks Gerrie Nel is hot when he speaks Afrikaans? OK, he's hot when he speaks English, too. :lol: ]

Sorry, sorry! back to our regularly scheduled program . . .

Well from a mans point of view............no !:noooo::gasp:

 

[Estelle]

Nel with Grant's help seems very well prepared.

 

[zwiebel]

Are they on teabreak?

 

[Val1]

Nel: What was he intention?

OP: I didn't have time to think. I didn't intend to shoot anyone; I didn't intend to shoot someone. My gun was pointing at the door and "went off" because I was startled. I actually do have GAD /PTSD, my mother was an alcoholic, I'm disabled, I scream like a woman, I cry and vomit, and any other excuse or theatrics I think you'll "buy".

You forgot, and I couldn't fire a warning shot at the shower because it might have ricocheted and hit me...

 

[JudgeJudi]

Mandy Wiener @MandyWiener · 6m 6 minutes ago
#OscarPistorius Nel argues OP must have reasonably foreseen he would shoot someone behind the door. What else did he intend. Just to shoot?

 

[ColonelMustard]

I'll bet you that she has no idea what he's talking about. Maybe vaguely but that's all.

 

[JudgeJudi]

Masipa: What's your time?

That's about all you ever get or "What page was that".

My god, she's so angry looking IMO.

 

[emirates1957]

Listening to Nell is like eating chocolate - dear god I love him. Music to my little ears.

 

[JudgeJudi]

Don't you love the way Nel pronounces "erroneous" ... "errinous". So cute.