Discussion Thread #60 - 14.9.12 ~ the appeal~

[zwiebel]

Radio station I'm listening to has just abandoned coverage. Not their fault though, I think. Someone else is supplying their feed.

Also, I had some lovely Christmas butter biscuits for the teabreak, and my new tablet won't let me post the pic, forr some reeaason.

 

[Val1]

For the record, I disagree with whatever Roux is saying, or going to say.

 

[zwiebel]

David SmithVerified account ‏@SmithInAfrica

Roux: You cannot simply say another court might reach a different conclusion. There have to be "material misdirections" and there are not.

 

[ColonelMustard]

How long will it take her to decide?

Will they be back on TV when she gives it?

 

[zwiebel]

Below is the response by the defence to the state’s request for leave to appeal. It disputes the basis of the request, claiming:

The state has no right of appeal … against incorrect factual findings by a trial court. The state can appeal only if the trial court gave a wrong decision due to a mistake of law.

Part of the state’s case is that Judge Masipa erred in her application of the principle of dolus eventualis. The defence counters that she did “correctly appl[y] the law to the facts”.

http://www.theguardian.com/world/li...e-verdict-live#block-5485dc88e4b0251e38c7f47c

 

[JudgeJudi]

I'm sick of his smug look already. Ahh shaddupa you face.

 

[jay-jay]

Mandy Wiener @MandyWiener · 7m 7 minutes ago

Still reckon we'll be done by lunchtime. Barry Roux gives an assurance he will be 'very short'. Looks pensive, considering Nel's argument

BBM .. I believe that when I see it!

 

[zwiebel]

David Smith @SmithInAfrica · 38 secs 39 seconds ago

Roux: The state says it's a 10-month sentence but it's discretional. "It's incorrect to say it's a light sentence. It's not." #Pistorius

 

[Val1]

ROUX: in every paragraph, where the state says it is our error, we give the proper page numbers to show every point, without exception, has been dealt with by us already. The court did take those factors into account.

...and then ignored them.

 

[zwiebel]

Is a Seekoei a hippo anyone, just for interest? Someone made a joke on twitter about it and posted pics of hippos.

 

[ColonelMustard]

Thank g0d Oldwage isn't there giving one of his soliloquies.

 

[zwiebel]

Roux turns to the case law, including Seekoei, which Nel said were hurdles for the state in this instance:

It’s not for the state to get over some hurdles. It must first get out of the starting blocks.

http://www.theguardian.com/world/li...e-verdict-live#block-5485dc88e4b0251e38c7f47c

 

[ColonelMustard]

ROUX: in every paragraph, where the state says it is our error, we give the proper page numbers to show every point, without exception, has been dealt with by us already. The court did take those factors into account.

...and we know how important page numbers are to Masipa...

 

[zwiebel]

Ilse De Lange ‏@dLangeIlse 3 mins3 minutes ago

#OscarTrial. Barry Roux say's we're dealing with an academic debate, State has not even managed to get out of starting block. #citi

 

[katydid23]

I am tuning out what Roux is bellowing on about because I am tired...it is 2 am here...HOWEVER, he does have a more confident and powerful tone then Nel had earlier.

 

[zwiebel]

Alex Mitchley ‏@AlexMitchley 1 min1 minute ago

Roux says they have gone through each point where the state said a mistake was made and disproved that #OscarPistorius

 

[jay-jay]

Is a Seekoei a hippo anyone, just for interest? Someone made a joke on twitter about it and posted pics of hippos.

.. guess it must be .. I just put Seekoei into google and it came up with a whole load of images of hippos .. oh well, makes a change from a kangaroo court, we got a hippo one!

 

[zwiebel]

If there is a conviction on a competent verdict – in this case, culpable homicide – there can be no appeal, says Roux. This is clear in Seekoei.

http://www.theguardian.com/world/li...e-verdict-live#block-5485dc88e4b0251e38c7f47c

 

[ColonelMustard]

Ilse De Lange ‏@dLangeIlse 3 mins3 minutes ago

#OscarTrial. Barry Roux say's we're dealing with an academic debate, State has not even managed to get out of starting block. #citi

Ah, yes, gotta use sports anaolgies...

 

[zwiebel]

.. guess it must be .. I just put Seekoei into google and it came up with a whole load of images of hippos .. oh well, makes a change from a kangaroo court, we got a hippo one!

Very good.