Oscar Pistorius - Discussion Thread #62 ~ the appeal~

Status
Not open for further replies.
  • #901
Some posters have argued that the defense timeline may be wrong but that's irrelevant. It must be wrong for the state to succeed.

RSBM
Just on that point, I think posters such as Fossil also argued that the Def TLine also did not reflect the time data in the exhibits . Ie. There were distortions.
When later Masipa gave her reasonings she duly re-quoted the "mistakes".

This was covered on thread 61 as well as thread 62 and of course in full on other forums.

Anyway this led legal commentators in SA to say thereafter that Masipa appeared to also have made mistakes not just re. law but on "matters of fact." But those opportunities are now lost.
 
  • #902
BIB 1 - no one knows. All calls to the emergency services are supposed to be recorded, so you'd have thought a Netcare rep would have been called to clarify what advice was given.

BIB 2 - It's hard to imagine anyone thinking they'd asked a friend to call an ambulance when what they'd actually asked was for help lifting a body. Quite a difference, wouldn't you say?

If there was any discrepancy about his account of his call to Netcare you would, yes. The fact that the state didn't question his call or its content would suggest it wasn't in question.

What did pistorius say about the difference re his call to Stander when Nel quizzed him on it?
 
  • #903
If there was any discrepancy about his account of his call to Netcare you would, yes. The fact that the state didn't question his call or its content would suggest it wasn't in question.


What did pistorius say about the difference re his call to Stander when Nel quizzed him on it?
BIB 1 - or the recording had been deleted in error...?

BIB 2 - Are you asking that because you know Nel didn't quiz him on it? Regardless, the killer lied about having asked Stander to call an ambulance. That is not in question. He lied about it. He then continued the lie by saying one of the Standers told him to put Reeva down because an ambulance was on its way. Even if you excuse (and you do) the first lie about asking Stander to call an ambulance, excusing it the second time round simply proves you're not prepared to accept at all that OP could have been lying about anything. And it's highly unlikely given how many times he slipped up.

Do you have any thoughts as to why he blamed his legal team for leaving out pertinent information from his affidavit? Or why he didn't admit to pulling the trigger in Tasha's when it was clear that he did? Or why he didn't remember the saviour friend who collected him from the car park after his "terrifying" brush with death on the highway? Or why the saviour friend never materialised to confirm the story? Or how he could have "seen" Reeva's legs under the duvet because the "duvet went up..." when the duvet was on the floor, not the bed? Or why he slept with the balcony doors open when he was so "terrified" of intruders? Or how it was possible for him to reach through the toilet door from the outside and pick up the key from the floor without noticing Reeva lying there dead? Or why when he heard noises when Sam Taylor stayed over he checked with her that she heard them too? Like a normal person? But he didn't bother to check with Reeva, instead he shot her dead? You don't think this shift in pattern is odd at all?
 
  • #904
RSBM

BIB - me neither
Only thing I ever saw was Mrs. Stipp's account of the conversation which is obviously not the same thing.


Stipp testimony
"AS : The next morning I am part of a chat group, a WhatsApp chat group and all the girls started sharing their Valentines mornings what their husbands or boyfriends did for them and I just said to them we had a very crappy start to ours, ‘cos our neighbour killed his girlfriend. So they said to me and everyone’s response was that was terrible and I said it was and the thing that I remember the most and I don’t think I’ll ever forget was the screaming.
So we then got the children ready for school, my husband left to go to work, I opened the back door for my domestic worker at 7.45 and she asked me what happened the previous night. I said to her why, did she hear it, she said yes, she’s usually awake at about 3/3.15 talking to her husband and she heard this woman screaming. She at first thought it was a baby but going out and listening more carefully she determined that it was a woman. I told her that we had an incident across the road, so I started working at about 8am on the computer which is in the study on the other side of the house and at about 8.20 I got a call from a friend and she said to me, have I listened to the news, and I said to her no why, she says ‘cos I am sure that the person you were talking about this morning is Oscar Pistorius. And that’s when I found out the first time.."

How interesting. I'd forgotten that Mrs Stipp originally told the court that her maid had said she heard screaming. Yet the maid's affidavit says crying, not screaming. So either Mrs Stipp remembered correctly which would suggest then that the same sound can be described by the same person as either screaming or crying (which would be a bit odd) or Mrs Stipp was applying her own perception of what she heard to her memory of her maid's account (the more likely explanation). It doesn't alter the evidence that the maid heard a baby then realised it was a woman crying.

I suppose at heart the discussion with some posters on here has shown that if you start from the assumption that 4 witnesses can't be wrong about the screaming then you are in effect saying that the rest of the trial and all its evidence is irrelevant no matter what. As a result, you can claim that both Johnson's security and Stipp's 10111 phone times are wrong (and must both be 3 minutes earlier - there's no evidence to support this assertion), Stipp must have misdialled security the first time (there's no evidence that this is the case) and it's totally irrelevant if several witnesses heard male for female crying or described what others heard as screaming as crying (because we know screaming and crying can't be mistaken - but again there's no evidence of this). If you take the viewpoint that the screams must be true then everything that suggests otherwise must be wrong and that's exactly how posters on here argue but without any evidence to support this. It's hard to see how anyone can possibly combat this approach to evidence tbh.
 
  • #905
yes that's what happens when you just refer to Defense statements, hence Masipa's confusion.


as per post 900 , preceding page

"Also the difficulties of translation across the 3 languages was discussed. "
When I say discussed, I mean , twisted around by Oldwadge, which however unpleasant he may be, he was paid to do.

Always a problem when the lawyers are more experienced than the Judge. But that's your 'South African context " as you like to quote, but not in the way you mean it.
 
  • #906
@GRT

Seriously ?

"or Mrs Stipp was applying her own perception of what she heard to her memory of her maid's account (the more likely explanation)"

Ask yourself why didn't Defence call the maid then? That's what commentators expected at the end of Mrs. Stipp's testimony. No, they let it ride.
 
  • #907
I suppose at heart the discussion with some posters on here has shown that if you start from the assumption that 4 witnesses can't be wrong about the screaming then you are in effect saying that the rest of the trial and all its evidence is irrelevant no matter what.

Only just reading your post in full, hence split replies.
BIB I think you have misrepresented most WS posters there. Remember the allegory about the "weight" of circumstantial evidence- feathers and millstones? Posters are looking at the full picture, not just cherry picking.

‘A number of circumstances, each individually very slight, may so tally with and
confirm each other as to leave no room for doubt of the fact which they tend to
establish. . . . Not to speak of greater numbers, even two articles of circumstantial
evidence, though each taken by itself weigh but as a feather, join them together, you
will find them pressing on a delinquent with the weight of a mill-stone. . . ’. Best on Evidence (Tenth Edition)
previously posted on Page 39, thread 62

You have to admit - OP was a delinquent man-child!
 
  • #908
BIB 1 - or the recording had been deleted in error...?

(snipped)
l?

State could still have called the netcare people from their witness list. They didn't. Why? In all likelihood because there wasn't anything to dispute.
 
  • #909
Only just reading your post in full, hence split replies.
BIB I think you have misrepresented most WS posters there. Remember the allegory about the "weight" of circumstantial evidence- feathers and millstones? Posters are looking at the full picture, not just cherry picking.

‘A number of circumstances, each individually very slight, may so tally with and
confirm each other as to leave no room for doubt of the fact which they tend to
establish. . . . Not to speak of greater numbers, even two articles of circumstantial
evidence, though each taken by itself weigh but as a feather, join them together, you
will find them pressing on a delinquent with the weight of a mill-stone. . . ’. Best on Evidence (Tenth Edition)
previously posted on Page 39, thread 62

You have to admit - OP was a delinquent man-child!

If you aren't cherry picking then why argue that the 4 screams witnesses must be right despite evidence that suggests otherwise? It's the certainty that's the problem. The evidence must suggest to a dispassionate audience that there is uncertainty.

The problem with the mosaic or feathers argument is that the pieces of evidence must go together towards a coherent version and it must be the only conclusion from the evidence. I really don't think you can say that from the evidence.
 
  • #910
@GRT

Seriously ?

"or Mrs Stipp was applying her own perception of what she heard to her memory of her maid's account (the more likely explanation)"

Ask yourself why didn't Defence call the maid then? That's what commentators expected at the end of Mrs. Stipp's testimony. No, they let it ride.

Yes, I agree it's odd they didn't call the maid. I guess they thought they'd done enough with the reading out in court of the affidavit. I think she was probably afraid to testify what with all the media attention.

One could also wonder why the state didn't call the maid given that the state have the duty to present all relevant evidence to the court so that the court can reach its decision. How anyone could argue that the maid's evidence wasn't relevant I don't know. An example of the state being selective in its choice of witnesses which suggests they were more interested in a conviction than in presenting all the evidence and letting the chips fall where they will.
 
  • #911
State could still have called the netcare people from their witness list. They didn't. Why? In all likelihood because there wasn't anything to dispute.
BIB - Defence could have called OP's mysterious saviour to confirm his laughable "Peril on the Highway" garbage. They didn't. Why? Because he didn't exist. Just like the invisible intruder.
 
  • #912
BIB - Defence could have called OP's mysterious saviour to confirm his laughable "Peril on the Highway" garbage. They didn't. Why? Because he didn't exist. Just like the invisible intruder.

But isn`t that just another one of the lies that don`t matter? You know the ones the pious Pistorius deliberately told under oath because he wanted the court to believe that he had good reason to be really really nervous for his personal safety. It`s not OK for a witness for the State to be emphatic in what she heard but fine for a defendant on trial for murder to utter a litany of lies and tailorings and blame shifting because he was nervous, or distraught, or forgetful, or any of the other excuses trotted out for OP. There is always an excuse but never an acknowledgment that maybe all these lies are simply a reflection of the fact that he is dishonest.
 
  • #913
But isn`t that just another one of the lies that don`t matter? You know the ones the pious Pistorius deliberately told under oath because he wanted the court to believe that he had good reason to be really really nervous for his personal safety. It`s not OK for a witness for the State to be emphatic in what she heard but fine for a defendant on trial for murder to utter a litany of lies and tailorings and blame shifting because he was nervous, or distraught, or forgetful, or any of the other excuses trotted out for OP. There is always an excuse but never an acknowledgment that maybe all these lies are simply a reflection of the fact that he is dishonest.
BIB 1 - Yeah, one of the many lies he told (that don't matter) to paint a false picture of how his life was almost constantly under threat from violence and would-be intruders. Without those many lies, he'd have had to have found some other way to justify killing the invisible intruder - and there wasn't another way.

I wish Nel had pushed that more, like making a public appeal for this fictitious friend to come forward! It was a very important point because it formed the basis of his defence (terrified of intruders) yet when push came to shove about all the violence and robbery OP had been subjected to, wasn't the only thing he could come up with was that someone once stole his TV while he was away??? :violin:

BIB 2 - I agree. Nervous, distraught, forgetful, blah blah blah. It's just an unimaginative way to avoid acknowledging what OP really is. State witnesses with no axe to grind must be lying or taking their cue from the media, but a serial liar and killer, who, by his own admission, was reconstructing his version/versions based on what other people had heard/told him... must be given the benefit of the doubt. You couldn't make this stuff up.
 
  • #914
Yes we have been over this. The housekeeper evidence was entered into evidence via Mrs Stipp's evidence. A part of her statement is in the defense heads. Your second shots at 3.15 is contradicted by both the 3.17 Stipp call and 3.16 Johnson call both of which are from the state's evidence and the accuracy of neither of which was queried by the state.

Ok but you do realise that the allegation is that male cries of distress were mistaken for the distressed cries of a woman? So we're not saying that there were actually any female screams at all and that they were mistaken for something else.

I don't see your argument. The defense one is simple. For whatever reason, 4 people heard screaming while one heard crying (and in her affidavit she first mistook it for a baby). If your argument is that screaming and crying can't be mistaken for one another then you are arguing against the fact that this clearly happened that night.

Yes, the Stipps' housekeeper was awakened by what she thought was a baby crying but then realized it sounded more like a woman crying* followed by "boom, boom, boom." *[NOTE: Just backtracked and found Cottonweaver's post at #894 recalling Annette Stipp's testimony that her housekeeper described the woman as screaming rather than crying.] Reeva could have been both crying and screaming for all we know. (What does one do when they know their boyfriend is about to kill them?) I still say that crying and screaming are typically understood to be very different vocalizations based on different emotions, and that while it may be possible to confuse the gender of someone crying, it is probably less likely to mistake a woman's blood curdling screams for that of a man. My main point to you, however, has always been that the sounds of a MALE crying were all reported AFTER the last shots.

Is there any actual record of a second attempted call to 10111 (SAPS) by Dr. Stipp at 10:17? Dr. Stipp called Silverwoods Security at 3:15:51 and spoke to Pieter Baba. This is an established call time based on the guard house phone records. This is AFTER hearing the second "shots" and after his failed attempt to call an 082# security number which his wife had to find for him. Oscar's next door neighbor, Michael Nhlengthwa attempted to call security the first time at 3:16:13 after hearing the only and last shot sounds he heard that night and then spoke to Pieter Baba on his second call at 3:16:36. These are confirmed times based on call data.

In his cross examination, Roux asks Dr. Stipp if he heard the screams right after his call to 10111 (SAPS) at "3:17" and Stipp inexplicably answers affirmatively. How is this possible if both he and Michael N. are on record as already having reported the last set of shots before 3:16? Dr. Stipp's testimony was that he heard the second shots as he attempted to call 10111 which was actually right BEFORE his call to Pieter Baba at 3:15:51. I do not know of any actual call data that supports Dr. Stipp's alleged second call to 10111 at 3:17. I cannot explain why Stipp agreed to this call time or why it was accepted by the State. As far as I can see, it does not conform to the other testimony and call records for Dr. Stipp. This is a "stump the chumps" moment for me.

In the link I provided earlier to Mr. Fossil's "Key Questions" analysis, you can see how under cross examination Johnson is uncertain if his misplaced call to Strubenkop Security began at 3:16 and lasted for 58 seconds or if it began at 3:16:58. He repeatedly asks Roux if this has been clarified with the official call data but Roux deliberately obfuscates the matter. (I can't imagine why the State or the Defense could not obtain and furnish call data from the Strubenkop security logs, which should have been required I would think.)

Sorry to keep flogging a dead horse, but this 3:17 business really gets to me...
 
  • #915
BIB - Defence could have called OP's mysterious saviour to confirm his laughable "Peril on the Highway" garbage. They didn't. Why? Because he didn't exist. Just like the invisible intruder.

Just like the netcare staff?
 
  • #916
Yes, I agree it's odd they didn't call the maid. I guess they thought they'd done enough with the reading out in court of the affidavit. I think she was probably afraid to testify what with all the media attention.

One could also wonder why the state didn't call the maid given that the state have the duty to present all relevant evidence to the court so that the court can reach its decision. How anyone could argue that the maid's evidence wasn't relevant I don't know. An example of the state being selective in its choice of witnesses which suggests they were more interested in a conviction than in presenting all the evidence and letting the chips fall where they will.

Frank... oh Frank, where are you??
 
  • #917
Just like the netcare staff?
Again with the Netcare staff? We don't know why they weren't called. Perhaps the call was never recorded, or it was recorded and then deleted, or it was an unclear recording. Maybe Nel already knew that. However, we do know that the highway "shooter" never existed except in OP's devious mind. You have to be pretty sick to invent a shooting that never happened just to give yourself a reason to shoot dead an intruder that never was. Mind you, perhaps with his memory so bad and all, he forgot the shooting never happened?
 
  • #918
Marfa Lights - I meant to say earlier that there was a discussion about the difference between crying and screaming on earlier threads, and the general consensus of opinion was the same as yours - that crying (or even crying out) is nothing like screaming. Nothing at all.
 
  • #919
Again with the Netcare staff? We don't know why they weren't called. Perhaps the call was never recorded, or it was recorded and then deleted, or it was an unclear recording. Maybe Nel already knew that. However, we do know that the highway "shooter" never existed except in OP's devious mind. You have to be pretty sick to invent a shooting that never happened just to give yourself a reason to shoot dead an intruder that never was. Mind you, perhaps with his memory so bad and all, he forgot the shooting never happened?

What we do know about the netcare call is that pistorius called them, then indicated in his testimony the general nature of the content of the call. The state didn't question his version on this. We also know there were Netcare staff on the state witness list, none of whom were called. Accidentally deleted or unclear recording? No problem - Nel can put the netcare staff in the witness box to testify what they advised etc. But he didn't.

We don't 'know' the highway shooting is an outright lie. It may well be an out and out lie. It might be rooted in truth but embellished to have maximum impact or maybe the thing he is lying about is not remembering who he called to pick him up..
 
  • #920
What we do know about the netcare call is that pistorius called them, then indicated in his testimony the general nature of the content of the call. The state didn't question his version on this. We also know there were Netcare staff on the state witness list, none of whom were called. Accidentally deleted or unclear recording? No problem - Nel can put the netcare staff in the witness box to testify what they advised etc. But he didn't.

We don't 'know' the highway shooting is an outright lie. It may well be an out and out lie. It might be rooted in truth but embellished to have maximum impact or maybe the thing he is lying about is not remembering who he called to pick him up..
BIB 1 - If the recording had been accidentally deleted, or it was unclear - why would Nel bother to ask a Netcare employee what was advised if there was no clear recording to refer to?

BIB 2 - It was a lie. He'd just had an allegedly horrifying experience. Now if he couldn't remember who picked him up and who took him back the next day to pick up his car (it was the same person) - don't you think the "friend" would have come forward to confirm the story? After all, it would have helped flesh out OP's tales of fear and paranoia about violence and break-ins. But no. No one came forward because it didn't happen. You say it could have been an "out and out lie". Assuming it was, what logical excuse do you have for it?
 
Status
Not open for further replies.

Staff online

Members online

Online statistics

Members online
155
Guests online
1,444
Total visitors
1,599

Forum statistics

Threads
632,450
Messages
18,626,820
Members
243,158
Latest member
bcallred
Back
Top