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

[zwiebel]

Just catching up on Barry Bateman tweets. Look at his funny We. Are. One. answer to a question. That's a reporter with a dry sense of humour.

https://mobile.twitter.com/barrybateman/tweets

 

[zwiebel]

Ah, I think Doelus Eventualis? means someone has duty to foresee the results of their actions?

 

[PrimeSuspect]

Here's a link to a pdf of the Heads of Argument

http://i.telegraph.co.uk/multimedia/archive/02999/HEADS_OF_ARGUMENT__2999306a.pdf

Got that open now, checking it over.

 

[PrimeSuspect]

Ah, I think Doelus Eventualis? means someone has duty to foresee the results of their actions?

Yes Z. The legal definition of Dolus Eventualis is Awareness of the likely outcome of an action.


http://www.duhaime.org/LegalDictionary/D/DolusEventualis.aspx


"Intent in the form of dolus eventualis or legal intention, which is present when the perpetrator objectively foresees the possibility of his act causing death and persists regardless of the consequences, suffices to find someone guilty of murder.

"Dolus directus, on the other hand, known as intention in its ordinary grammatical sense, is present when the accused’s aim and object is to bring about the unlawful consequence, even should the chance of its resulting be small."

 

[JudgeJudi]

Loved the way Nel used one of the cases the DT is relying upon to his own advantage. Great stuff

 

[Deleted member 102539]

O/T: Are any of you German peeps near Ramstein AB? One of my old stomping grounds while serving in the USAF.

I'm very far away.

 

[JudgeJudi]

Nel's worked really hard to shoot down putative self-defence several times, and also automatism. I'm very impressed with all he's done today.

 

[zwiebel]

We are back...

 

[AlwaysShocked]

Will Oscar begin puking at some point in the courtroom today, I wonder?

 

[Susza]

they are back

 

[zwiebel]

Nel: "I made the phone call before I picked Reeva up, then I put it in my pocket"

"Who put it on the charger?"

"I cannot recollect"

 

[sorrell skye]

So Nel DID ask OP about his cell phone and how it got on the charger. Naturally, OP told the Court that he didn't know how it got on the charger.

 

[JudgeJudi]

Nel, please address the blue jeans on the ground outside.

 

[atthelake]

Oh! Nel was reading here that the question WAS posed to Oscar about the phone lol. Can't recall who shouted out here that Nel was wrong earlier. Smarty WS'er!

 

[zwiebel]

Nel saying how Roux said there were two double taps, then had to correct it to, 'rapid shots', at his client's instigation. Says it's impossible for OP to have recalled that if he 'acted automatically'.

 

[PrimeSuspect]

Page 72

http://i.telegraph.co.uk/multimedia/archive/02999/HEADS_OF_ARGUMENT__2999306a.pdf

 

[zwiebel]

Nel: Describing hearing four shots her (witness Berger) evidence corresponds exactly with that of Cpt Mangena. For want of a better word, it's commonsense.

Nel says if it had been rapid fire, a shot would not have missed Reeva.

 

[zwiebel]

Nel: Deceased was at the toilet bowl when she received the shot in the head - it's conclusive. Tissue embedded. 'A' was first shot....there must have been a pause between shots.

 

[PrimeSuspect]

Nel, please address the blue jeans on the ground outside.

I think the jeans will be a mystery. Nel might not want to open a can of worms regarding them. jmo. But OP knows.

 

[jay-jay]

So Nel DID ask OP about his cell phone and how it got on the charger. Naturally, OP told the Court that he didn't know how it got on the charger.

Excellent!