Trial Discussion Thread #38 - 14.05.13 Day 31

[zwiebel]

OP looks distinctly happy with Roux going on a mini rampage like this. He appears to like this kind of vehement argument.

I think he is maybe missing that vehement doesn't necessarily signal a person is winning....

 

[jay-jay]

Roux is now arguing that OP's GAD/anxiety isn't really that important and that it's just normal :floorlaugh:

 

[Freya1977]

OP is the one who suggested autonomotism

 

[zwiebel]

He is going on about automocisim?? and I don't even know what the heck that is....

 

[Val1]

All I have to say and it's something I used to tell my kids while they were growing up, be careful what you wish for! I'm hoping the judge just asks Roux, so if it has no merit, why did you bring this now and not wait for the mitigation process?

 

[ColonelMustard]

OMG, he's channeling my Great Aunt.
---
This is CRAZY. ROUX brought this woman to the stand. You'd think the PT had pulled a fast one on them!!
---
Nel sitting there cool as a cucumber. Probably laughing inside that Roux's been driven to near-insanity himself. Roux has actually been spitting as he shouts.

 

[BritsKate]

Could MiLady just rule that the defence had the chance to agree to the assessment and because they are rejecting it, then they won't be able to use it to bring an appeal .. and therefore she will reject the application?

AFAIK, a lower court can't preclude what grounds can be used to seek an appeal, just attempt to limit those grounds. Precluding would likely violate constitutional rights.

If she doesn't grant the evaluation and OP does attempt to use her decision later on appeal - the appellate court will be well aware why Masipa ruled as she did and all the arguments from both sides.

Bear in mind too, in South Africa leave for appeal must first be granted - there has to be both grounds and a potential for an appeal to be successful before a judge will even grant leave. It's by no means a certainty, as it is in some other countries.

JMO

 

[zwiebel]

OP is the one who suggested autonomotism

Thank you for correct sp! You can spell it so you must know what it means too. Can you explain, pleeaase?

 

[Emz73]

Word Salad!!!!!!!

 

[rachael123]

OK Lost my stream.I'm on wild about trial.

 

[jay-jay]

Yes, I can't imagine they will have much luck appealing on those grounds after all this, even if Masipa denies the application.

Yep ..

.. I've got a feeling Judge M will not agree to the application now .. and the defence have fought against it so hard now, there is no way they would be able to appeal on any psychological grounds .. they were given the chance for a full assessment and Roux has fought tooth and nail against it, he would never be able to use it in an appeal now.

Edit: .. have just now read Kate's post upthread!

 

[zwiebel]

Now Roux is saying there is another witness is coming and 'this is premature' (the application).

Again he is back to the 'later, later' argument he tried yesterday.

 

[zwiebel]

OK Lost my stream.I'm on wild about trial.

Refresh, because mine's still going.

 

[jay-jay]

I can't decide whether Nel has stitched the DT up like a kipper, or whether the DT have done that all for themselves ..

 

[thewagesofsin]

After 30 minutes of arguments it's going to be pretty funny if the Judge makes a ruling right away.

 

[Trooper]

oo Roux forgot the onus aspect.. masipa has to remind him, he is halfway to sit down and leaps up again.

 

[emirates1957]

Unable to get a live feed - how is Reeva's dear mum going?

 

[zwiebel]

Look at OP rubbing his face....he is VERY anxious now.

Judge reminds Roux he has forgotten about 'the onus' he was going to outline....

 

[ColonelMustard]

Immediately after this, Roux will joining Dixie and Wollie for a few cold ones ... maybe a few hard ones, too -- DOUBLES!

 

[katydid23]

I wonder who this new witness is, and how long they have been on the case? :facepalm: