Pistorius appeal: Oscar's 'Nowhere to hide' moment03 Nov 2015 03:44 (South Africa)
[.....]
Broadly, arguments centred around three main issues: whether this court had the necessary jurisdiction to hear the appeal in the first place; the substantive question on whether Pistorius had the intention necessary for a murder conviction; and, if the court does find against the athlete, whether it can impose a new conviction or must it order a retrial. Neither prosecution nor defence are keen on a lengthy and expensive retrial, with Pistorius running out of money for further legal battles.
In his arguments, state prosecutor was highly critical of Judge Thokozila Masipa, who presided over the original trial. “The court ignored the most important circumstantial evidence,” he said, contending that this failure led to Masipa misconstruing Pistorius’ actions on the night in question. Nel also argued that Masipa was inconsistent in relying on Pistorius’ evidence when she had already dismissed him as an unreliable witness.
Barry Roux, advocate for Pistorius, tried to argue that these issues were questions of fact, rather than questions of law, and therefore not grounds for an appeal under South African law. The judges, however, interrupted him frequently: they were more interested in his interpretation of the concept of dolus eventualis, or indirect intention, which would form the crux of a potential murder charge. In layman’s terms, this is the argument over whether Pistorius foresaw the possibility that he might kill someone when he shot four bullets into a tiny bathroom, and whether he recklessly proceeded with his actions anyway.
...more at linkhttp://www.dailymaverick.co.za/article/ ... jo_8W6LWRk
Login
FAQ
Do not go gentle into that good night.
