Trial Discussion Thread #51 - 14.11.9, Day 41 ~announcement of the verdict~

[Deleted member 102539]

Nel really doesn't look happy, and has not from the time court was first in session today. He must already have known... I want to know what he's drawing on his notepad!

He's not drawing but writing, a request for resignation perhaps ............

 

[whiterum]

Sorry but the lady is now getting on my wick. Even if she can force out the words 'guilty of culpable homicide' in these circumstances the violent killing of Reeva, it will be a travesty and little more than a slap on the wrist IMO.

 

[jay-jay]

Sorry, what?

No-one questioned this judge during the trial. People here were gleeful thinking of how this tough, fair judge would come down hard on OP. Now she hasn't suddenly she has been bought, or is biased? Please...

You couldn't have been reading the forum properly then, because many of us had been voicing our concerns about her over the past few months.

 

[MeeBee]

http://www.independent.co.uk/news/w...fected-the-oscar-pistorius-trial-9726275.html


"In Pistorius’s case, it would seem that dolus eventualis murder would apply if he had fired four shots into a cubicle that he had known was occupied, aware his actions would kill, regardless of who he thought was in there.

But it is more complicated than that, since Oscar Pistorius was initially put on trial specifically for the murder of Reeva Steenkamp.

If the judge accepts that he thought Reeva Steenkamp was in the bedroom at the point when he shot each bullet - then he could not possibly have foreseen that firing his gun through the door could have killed her."

 

[atthelake]

Isn't she describing eventualis??? :gaah:

 

[zwiebel]

Judge considering if a reasonable person would have considered consequences?

She thinks yes. 'Accused acted hastily...clear his conduct WAS negligent.'

End of session!!!!!!

 

[Interested Bystander]

She now seems to be completely contradicting herself with respect to knowing what would happen if he shot into the toilet cubicle. What is going on.

 

[jslk]

He failed to take any step to avoid this possible consequence (death). His conduct was negligent.

Stop until tomorrow morning 09:30.


Sent from my iPad using Tapatalk

 

[HauntsForHope]

"It is clear that his conduct was negligent."

 

[Interested Bystander]

Isn't she describing eventualis??? :gaah:

Exactly my thoughts but I was a bit late posting.

 

[Tricia]

Good Morning,

Would someone mind briefly recapping what happened and where we are now with the judge. Did she just adjourn for the day?

 

[Really?]

allrighty then.......lock him up now !

 

[Lyra500]

Why on earth has she adjourned now?

If he does a runner tonight, It will be hard not to think that the situation was arranged for him to be able to do so.

 

[Susza]

whaaat??? adjournment til tomorrow 9am

 

[Exchange973]

Most of us here have questioned the judge's behavior throughout the trial. We were concerned that she wasn't getting it.

Yes, she wasn't getting it - because the prosecution case was so hopeless. Nel made a big mistake focussing his case on OP intending to kill Reeva. He could have got evenualis had it been accepted that OP knew it was an intruder, but still intended to kill. I think this got lost in the distraction of "blood curdling screams" etc etc.

 

[zwiebel]

Oh, heck. Can't believe we've been left hanging like this. But Judge did say she has found OP negligent. That a reasonable person would not have fired and wld have foreseen consequences if they did, I think.

 

[Jim Kirk]

She just described Eventualis!

FACEPALM!

 

[MeeBee]

"The South African Court of Appeal held that mens rea in the form of dolus eventualis is an elastic concept. It can range from bordering on negligence (culpa) on the one hand to dolus directus on the other. However, the test always remains whether the accused person subjectively foresaw the possibility of the death of the deceased and associated himself therewith.1

Dolus eventualis is sometimes said to be the criminal law equivalent to the tort concept of gross negligence."

The deceased is Reeva Steenkamp.

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

 

[zoran]

She has lost the plot. I was praising her right up until that massive contradiction

 

[Suthrnqt]

Well, fftobed: I will not lose anymore sleep for this travesty of justice.