Trial Discussion Thread #49 - 14.08.7, Day 39 ~final arguments~

[lithgow1]

Thank you

I think he's doing a pretty good job, but he's starting to ramble a bit or jump around now

He is just getting started - i think this is like an abstract to a thesis - he has said numerous times this morning that he will be coming back to all these claims.

 

[JudgeJudi]

Nel said he was lying, not "You are a liar". Nel accepts that the Court reprimanded him. He later accused OP of lying.

 

[Chelly]

If he heard movement - he heard sounds. I'm not buying the argument that the two are contradictory

Right! However, OP uses tailored jargon to suit his various versions.

 

[PrimeSuspect]

bongani bingwa @bonglez · 1m
Nel says even the defence concedes OP was not a good witness. They provide explanations for this but don't dispute it. @OscarTrial199

Nel: I checked the record, it happened once that I called accused a liar, the court reprimanded me...


Nel: I checked the records I never called OP a liar, I said he was lying.

 

[AlexUK]

If he heard movement - he heard sounds. I'm not buying the argument that the two are contradictory

I concur! I can't get my head around that either.

 

[Suthrnqt]

I have visions of Oscar suddenly jumping up during Nel's closing to scream "I CONFESS! I CONFESS! I can't take it anymore! I LIED about everything! I wanted to kill Reeva! I did kill Reeva!"

What do you think the chances are? lol

Only on Perry Mason. Lol.

 

[Chelly]

To evaluate a defense you need a version that is at least possibly true. That doesn't happen

 

[PrimeSuspect]

Oscar Trial Channel @OscarTrial199 · 12s
#oscartrial Nel: if here is no credible version, a reasonably, possibly true version from the accused, court must evaluate facts, evidence.

Nel: it's fashionable for accused people who can't show good defence to blame the state for not calling witnesses, calling some......


Nel: " the prosecutor isn't obliged to play chess against himself"...

 

[AlwaysShocked]

Defense claims within their papers that Nel continuously called OP a liar throughout his testimony. Nel says he did not. That one time he said "If that is not the case then you are lying." He was reprimanded by the judge for saying that and never used the word "liar" before that or after.

 

[minor4th]

I hope Nel moves on to more argument about his own case instead of pointing out what he thinks is lacking in the defense case. Nel has the burden of proving guilt beyond a reasonable doubt.

 

[atthelake]

If he heard movement - he heard sounds. I'm not buying the argument that the two are contradictory

It was discussed here I believe last night the differences in him having a reflex to a sound, vs. having an intention if he heard movement. Can't find it right now lol but there was a good link that discussed why this is important that we were all referring to. He's trying to make that point that the legal person blogged about that was posted in threads.

 

[JudgeJudi]

Nel is citing a case where the defence accused the State of not calling all their witnesses. This is very fashionable for defence teams to use now. He's quoting what a prosecutor's role is as outlined in a number of judgments ... and doing a great job.

 

[PrimeSuspect]

Oscar Trial Channel @OscarTrial199 · 4s
#oscartrial Nel: current laws says prosecutor doesn't have to call all the witnesses, especially where accused in defended.


Nel: I deal with how the court should take probabilities into account - court observed the witnesses over days...

 

[JudgeJudi]

The Supreme Court of Appeal has outlined how a prosecutor should act (and Nel is obviously saying that's how he's behaved).

 

[JudgeJudi]

The Court observed the witnesses over days to get to a credibility finding.

 

[gngr~snap]

It was discussed here I believe last night the differences in him having a reflex to a sound, vs. having an intention if he heard movement. Can't find it right now lol but there was a good link that discussed why this is important that we were all referring to. He's trying to make that point that the legal person blogged about that was posted in threads.

I have Comcast and I am watching the trial on 206 in Atlanta... CNN1
You probably don't have Comcast huh?

All posts are MOO

 

[Lux et Veritas]

I'm SO happy - June looks more at ease and so much more confident with Barry at her side today. So wonderful he's here in court. Warms my heart. :beats:

 

[JudgeJudi]

Nel is now dealing with circumstantial evidence. The defence would say the court should look at each individual portion of the evidence. The State says no, circumstantial evidence should be viewed as a whole.

 

[PrimeSuspect]

Oscar Trial Channel ‏@OscarTrial199 38s
Nel: the court must look at circumstantial evidence as a whole, not at separate, individual parts of what is a 'mosaic of proof'


Karyn Maughan ‏@karynmaughan 1m
Nel says evidence like feathers: light on their own, but together "the scale will convincingly balance" #OscarTrial @eNCAnews

 

[04009margaret]

Foxtel is showing the trial on CNN for Aussie members