Post sentencing discussion and the upcoming appeal

[JudgeJudi]

I was just looking at Lisa on twitter. Have a look at the photos she's retweeted. Oh, you poor folk in the US enduring this amount of snow. Totally unbelievable ... and it's supposed to worsen?

The Weather Channel @weatherchannel · 13h 13 hours ago
JUST IN: 48 inches -- that's 4 feet -- of #LakeEffect #snow reported in Lancaster

https://twitter.com/lisawJ13

We're going to the other extreme here in Oz starting tomorrow ... 5 days of temps up around 40.

The world's problems seem to be as a result of too much or not enough of just about everything.

Thinking of all you little snow bunnies. :snowman:

 

[JudgeJudi]

I'm surprised no-one's asked if OP will get bail. This question has been asked of Ulrich Roux.

Laura lee ‏@laura_lee62 Oct 29
@ulrichroux Which would result in bail appl?

Ulrich Roux‏@ulrichroux Oct 29
. @laura_lee62 No, def can only apply for bail pending appeal if they successfully launch an appeal on behalf of OP. #OscarTrial

 

[JudgeJudi]

Karyn Maughan ‏@karynmaughan · 20h 20 hours ago

#OscarPistorius lawyers: state can petition SCA to "grant leave to consider whether or not the questions are questions of law"@eNCAnews

 

[Deleted member 102539]

I was just looking at Lisa on twitter. Have a look at the photos she's retweeted. Oh, you poor folk in the US enduring this amount of snow. Totally unbelievable ... and it's supposed to worsen?

The Weather Channel @weatherchannel · 13h 13 hours ago
JUST IN: 48 inches -- that's 4 feet -- of #LakeEffect #snow reported in Lancaster

https://twitter.com/lisawJ13

We're going to the other extreme here in Oz starting tomorrow ... 5 days of temps up around 40.

The world's problems seem to be as a result of too much or not enough of just about everything.

Thinking of all you little snow bunnies. :snowman:

bbm= You are soooo right!

 

[emirates1957]

Ohhh emirates... I think we both misread Mr. Fos's post the same way! lol

I, too, at first thought he was talking about himself since he's been busy corresponding with Capt. Moller on the phone data records and had previously said he might not be able to share with us all the data Moller might provide to him. Oh, well, I don't know about you, but it's certainly not the biggest mistake I've ever made.

Now about Prof Grant. I've said all along that this must be a very exciting time for students of law in SA. Now with Grant actually advising the prosecutors, I would love to be a "fly on the wall" and listen in on his classes. I wonder if they're doing a mock trial of OP's case?

Yep - I'm definitely stupid Fox- I was half asleep when I read it first thing this morning, and later realised it wasn't Mr Fossil !!!! Yes and totally agree - would love to be a fly.

 

[Deleted member 102539]

Is anybody else having a problem with the Post Quick Reply box. 50% of the time it's greyed out and I have go to Go Advanced. Then I don't get the normal Advanced screen but get a box where I can post a quick reply and everything is centred. Refreshing the page doesn't help. It's been happening for a couple of days now.

I also had problems, just now while answering your post #1021. The result was a double post, so I was forced to delete one of them.

 

[Deleted member 102539]

Nick van der Leek @HiRezLife · 4h 4 hours ago

The lesson from the Oscar trial appears to be cry a lot (whatever your crime) the judge is then expected to give you a slap on the wrist.

... and never stop with crying before you are out of jail (think of an appeal of your defense)!

............................:behindbar:
.......................:behindbar:anguish::behindbar:
............................:behindbar:

 

[Mr Fossil]

awesome, go mr fossil !!!!

Nice thought but I was copying Prof James Grant's tweet, as I think you've now realised. I'm not too hot on legal matters myself and he's one of the legal voices many of us have followed. He has given some good in depth legal analysis to date. It's worth looking at some of his articles on http://criminallawza.net/. Great to see his talents are being put to good use.

 

[Deleted member 102539]

I wonder if Oscar will be celebrating World Toilet Day tomorrow.

uke:

Bec Hill with her golden toilet seat awarded to her for the nation's favourite toilet joke


OP followed the trend of topic all over the world since 2012. Obviously he had chosen his crime scene very well and now he maybe could take the job of an ambassador for the "World Toilet Day". When OP will show in public after jail time, the world will always think first "toilet, Valentine's, Reeva" or "Reeva, toilet, Valentine's". IMO

Men's toilet 'captured' to mark International Women's Day

Cities | Indo-Asian News Service | Wednesday March 7, 2012

A group of plucky women marched and "captured" a men's public toilet on the eve of International Women's Day on Wednesday to highlight the abysmal lack of sanitation for women not just in this Maharashtra town but also in the rest of India.

 

[Mr Fossil]

Oscar lawyers brand State's appeal flawed, call for dismissal

Karyn Maughan (video) summarises the position of both sides now that the Defence papers have been submitted.

http://www.enca.com/south-africa/oscar-lawyers-brand-states-appeal-flawed-call-dismissal

 

[Sherbert]

It's an interesting dynamic that we have here: Milady, the State is being very unfair to you: You did everything right. You covered all bases. The parents are happy. Their lawyers are happy. There is absolutely no reason for you to grant this ill-conceived application which strikes right at the heart of your very authority to make findings of fact. Please dismiss it now and, in recognition of your displeasure, please award our client the costs that he cannot afford to pay us.

 

[Mr Fossil]

I've just downloaded the free Kindle sample of the new John Carlin book "Chase Your Shadow: The Trials of Oscar Pistorius". I have bought a couple of books so far on the case as they've been useful in providing additional facts for my timeline etc. but I'm afraid I can't recommend the Carlin book.

Within the first few pages the number of inaccuracies are appalling: Baba is first through the door (didn't go in the house), joined moments later by Carice, her father and Frank (seen outside in the street); OP wore shiny (matt) basketball shorts; Stander (Carice)asks OP to put Reeva down on a rug by a sofa in the sitting room (just to put Reeva down, which he did, at the foot of the stairs); OP retreated upstairs (volunteered to go upstairs) and just stumbled aimlessly in the corridor (fetched Reeva's handbag from the bedroom whilst Carice waited on the landing) after the paramedics pronounce Reeva dead; Pistorius went to his bedroom, got his phone from by his bed and called Divaris (he already had his phone in his pocket and only ever mentioned fetching it/them to call Stander etc. after pulling Reeva from the toilet).

There's more, but I've given up. I couldn't possibly figure if there are any new facts here or if it's all fiction. If anyone reads more of the book and discovers a disclaimer saying the first chapter is a fictionalised account and what now follows is what actually happened I'll take another look ....

 

[emirates1957]

Nice thought but I was copying Prof James Grant's tweet, as I think you've now realised. I'm not too hot on legal matters myself and he's one of the legal voices many of us have followed. He has given some good in depth legal analysis to date. It's worth looking at some of his articles on http://criminallawza.net/. Great to see his talents are being put to good use.

Thanks Mr Fossil, jumped to conclusions too early in the morning. Oh well one can only wish !!

 

[JudgeJudi]

“[This case was] Desperately in need of being appealed and I expect that a higher court would find differently to what Judge Masipa did because I do believe that she made errors of law and it’s important for us to get clarity on these issues”

5 minute interview with Prof James Grant published on 6 November. Scroll down.

http://www.702.co.za/articles/700/npa-appeal-shockingly-inappropriate-oscar-pistorius-trial-outcome

 

[JudgeJudi]

It's an interesting dynamic that we have here: Milady, the State is being very unfair to you: You did everything right. You covered all bases. The parents are happy. Their lawyers are happy. There is absolutely no reason for you to grant this ill-conceived application which strikes right at the heart of your very authority to make findings of fact. Please dismiss it now and, in recognition of your displeasure, please award our client the costs that he cannot afford to pay us.

There's nothing unusual about being awarded costs IF YOU WIN. Six pins to the heart of my voodoo doll says they won't.

 

[soozieqtips]

So the DT is saying the state has no right to appeal the manslaughter verdict, but what about the "intent" to possess illegal ammunition? The state are also challenging that verdict. Has the DT mentioned it at all?

 

[JudgeJudi]

So the DT is saying the state has no right to appeal the manslaughter verdict, but what about the "intent" to possess illegal ammunition? The state are also challenging that verdict. Has the DT mentioned it at all?

P.24, Count 4, para.55 onwards

http://www.scribd.com/doc/246995578/Oscar-Pistorius-response-to-state-appeal-on-sentence-2

 

[Sherbert]

There's nothing unusual about being awarded costs IF YOU WIN. Six pins to the heart of my voodoo doll says they won't.

I think permission will be granted, too. However, if Masipa is anything, she's unpredictable. And she does seem to be surprisingly indulgent towards Mr Roux.

Entitlement to costs in criminal cases can be a bit of a minefield. I've had a quick look, but I'm not clear what the entitlement to costs is in S Africa in relation to an application for leave to appeal in the High Court.

In the UK, a successful defendant would only be entitled to recover his costs at legal aid rates.

As far as I know, the State has sought neither the costs of trial nor of this application from OP. Perhaps, they're not permitted to, on the grounds that it would be oppressive, especially now that they're on notice from the defence that OP is officially broke.

 

[Mr Fossil]

BBC Radio 5 Live News Special - Interview with June Steenkamp

"June Steenkamp talks to Dan and Sarah about one of the biggest international news stories of the past year. Last month South African paralympian and Olympic athlete Oscar Pistorius was jailed for five years after admitting to shooting his girlfriend, June's daughter, Reeva Steenkamp through a bathroom door at his home in Pretoria. The court cleared him of her murder, but found him guilty of culpable homicide, the equivalent of manslaughter in English courts. He's now serving his sentence in Kgosi Mampuru prison, but could be released next year, to serve the remainder of his sentence under house arrest. Throughout the trial June Steenkamp attended court every single day. She has now written a book about her daughter, her death, the trial and media storm that followed."

Reeva Steenkamp's mother June says "really hard learning to live without her...too big a space to fill"

"I have to forgive" #OscarPistorius, says Reeva Steenkamp's mother June. "I can't hold that hatred in my heart"

June Steenkamp says she doesn't think #OscarPistorius loved her daughter Reeva - "She was just a trophy"

"Horrendous mistake" to clear #OscarPistorius of murder says Reeva Steenkamp's mother.

3 minute 'In Short' podcast here: http://www.bbc.co.uk/programmes/p02cbsdb

or http://www.bbc.co.uk/radio/watchlive/5live from 13:06 to 'watch' full 30 minute interview

or to download http://downloads.bbc.co.uk/podcasts/5live/5lnews/5lnews_20141119-1307a.mp3

 

[Deleted member 102539]

O/T

South Africa News ‏@SaharaReportsZA 1 Std.Vor 1 Stunde

Watch: A mourning Kelly Khumalo back on stage http://bit.ly/1teMcNm