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PostPosted: Mon Oct 27, 2014 6:18 pm 
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More from Guardian article....

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The Sunday Times also claimed that Pistorius, 27, received preferential treatment on his arrival in the hospital section of the prison in Pretoria last week, including meetings with the prison head, prison chaplain and a psychologist.

It reported that his cell measures about 3 metres by 3.5 metres (9ft 10in by 11ft 5in) and has a single bed, toilet and basin. Unlike other prison beds, which have sponge mattresses, those in the hospital section have spring mattresses.

Meanwhile, South Africa’s City Press newspaper said the double amputee is broke and still owes his lawyers 10m rand (£565,800). His legal team has been representing him free of charge for at least two months, the paper added. It is not clear if the team will work on the appeal.

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PostPosted: Mon Oct 27, 2014 8:04 pm 
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I suspect that the "prison chaplain and a psychologist" was not preferential but the status quo for inmates who appear suicidal, which I am sure is what Oscar presented as. The account I read was that he appeared confused and anxious.

I believe Nel is a zealot for Nel's cause rather than a seeker of justice. Finding of fact there was no fight. I don't know where the appeal will end up but I do know judges are loathe to step on the toes of another judge. I think Oscar is serving a term longer than an average Joe would serve as the prosecution saw this as an opportunity to showboat and set up the sensational claim of domestic violence a fight (which the time line demolishes) yet is still what the ignorant masses promote and believe happened that AM.

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PostPosted: Tue Nov 04, 2014 1:57 pm 
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From TalkLeft......

DA Appeals Oscar Pistorious Judgment
By Jeralyn, Section Crime in the News
Posted on Tue Nov 04, 2014 at 11:39:38 AM EST

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The prosecution in South Africa is appealing Judge Masipa's ruling in the Oscar Pistorius case.

It claims she misapplied the doctrine of dolus eventualis and should have found him guilty of first degree murder. It also argues his sentence was too light.

The prosecution's filing is here. An article supporting her judgment is here. Another is here. Yet another is here. My view, as I've expressed many times: the appeal should fail and I disagree with the articles taking the opposite view.

...more at link

http://www.talkleft.com/story/2014/11/4 ... s-Judgment

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PostPosted: Tue Nov 04, 2014 2:42 pm 
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I'm sure there would normally be some kind of discussion with the inmate and various prison staff upon arrival. especially for those with specific disabilities or illnesses. We'd expect things not to be quite as straight-forward upon arrival for those with disabilities or illnesses.

As far as the specific type of mattress is concerned, do the media think OP should ask to exchange this for a foam one? Would that make them happier? It's rather a sad life for those who feel they'll sleep better at night, knowing that someone else isn't.

The suggestion of preferential treatment is just another attempt by the media to stir up the pitch-fork wielders. My take on this is that any of the baying crowd who feel that OP is receiving better treatment than usual have only one person to blame - Zach Modsise of Correctional Services. His decision to defend the supposed admirable qualities of the SA prison service has ensured that all staff in that specific prison will have been given instructions to 'ensure' that his comments don't lead to an embarrassing situation. It's likely that may well give OP more care and attention than they normally would have before his intervention. No doubt the blame for this will be shifted to OP, as surely it must automatically be a crime if you happen to be wealthy or part of a wealthy family in SA.

Not sure if this has already been posted, but here's a link to a letter which has been forwarded by DJF (Detention Justice Forum) to Michael Masutha (Minister for Correctional Services) complaining about the comments made by Zach Modsise during the OP trial :-

Link...


http://detentionjusticeforum.org.za/detention-justice-forum-statement-allegations-made-wits-justice-project-zach-modise/


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PostPosted: Tue Nov 04, 2014 3:03 pm 
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Rumpole wrote:
From TalkLeft......

DA Appeals Oscar Pistorious Judgment
By Jeralyn, Section Crime in the News
Posted on Tue Nov 04, 2014 at 11:39:38 AM EST

Image

The prosecution in South Africa is appealing Judge Masipa's ruling in the Oscar Pistorius case.

It claims she misapplied the doctrine of dolus eventualis and should have found him guilty of first degree murder. It also argues his sentence was too light.


Thanks for the link to the filings etc.

I've just had a quick read through. One thing that surprises me is Nel's suggestion that the term is too short, and then including the argument that OP may receive a substantial reduction in this sentence. Surely that's not arguable. This applies to all sentences unless they are handed to the convicted without any chance of parole. That sort of argument goes well outside the boundaries of this specific case, and borders on his particular distaste that a convicted person may not have to serve a full sentence.

It's bizarre, as it's the equivalent of suggesting to the Supreme Court that a judge should always impose a much longer sentence than they deem necessary, on the basis that the convicted may behave once incarcerated and therefore receive a reduction in sentence. I can't believe Nel's included that as a relevant point in is his filing. :doh


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PostPosted: Thu Nov 06, 2014 5:30 am 
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The reality of prison for Oscar Pistorius is solitary confinement this is torture that the state condones

http://solitaryconfinement.org/uploads/ ... lykken.pdf


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PostPosted: Fri Nov 07, 2014 8:33 pm 
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Interesting, Masipa herself will decide whether another court would be likely to reach a decision other than she reached. I wonder if she says "Nope I got it right" if there is a second step to the appeal process or if that's it and the game is over for Nel.

http://www.abc.net.au/news/2014-11-07/o ... ct/5876500

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PostPosted: Fri Nov 07, 2014 11:04 pm 
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Thanks Carm.. you are my main source of info on the whole Pistorious debacle now :give

SA system gets crazier by the minute. I think Nel is not only a nasty vindictive little shit, but he has more front than Dolly Parton. He had no case, but pushed on regardless. He should at least take his "pound of flesh" and go away.

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PostPosted: Mon Nov 10, 2014 5:29 am 
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appeal application to be heard on 9 December at the High Court in Pretoria.

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PostPosted: Mon Nov 10, 2014 3:54 pm 
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10th Nov 2014 from TwitLonger

Quote:
What has the Oscar Pistorius case shown the world about the SA justice system and police.
That the police can lie to the media, telling them that they had been called out previously that evening when in fact that was not the case. The police leaked aspects of their investigation to the media without ever checking it's accuracy. This leaking to the media was viewed as acceptable as there was no jury and the Judge was above influence, highly experienced and would come to the right verdict. This argument was repeated every time a new 'story' emerged and in fact the media were simply allowed to print exactly what they wanted, the truth it seemed was an inconvenience best and most probably avoided. The police continually leaked photos. This resulted in a media frenzy inciting a mindless audience devoid of independent thought that Nel would later christen 'society' and claim his self made society demanded the harshest possible sentence.
A government minister gave interviews saying he should be sentenced to life imprisonment before the trial even began. What would be considered to be an act of political suicide and certainly highly inappropriate and prejudicial in many jurisdictions seemed to barely get a critical comment from her superiors.
The state called only witnesses that would promote their case. Therefore lead investigator Botha and Van Aard were never called, no reason was given but could an assumption be made that had their evidence may compromise the States case. The NPA and police all the while attempted to portray a defence claim that he thought she was an intruder as improbable. But elsewhere in the news almost on a weekly basis another unfortunate person was murdered by intruders. The police also seemed to view themselves as above the law, tying a person and dragging him behind a van causing injuries that later killed him. Shooting at a car injuring the occupant and later having him charged with attempted murder. The charges were later dropped and an out of court settlement was reached in favour of the victim and not to mention the lead investigator and the small issue of firing at a taxi or mini bus. The state presented the case calling witnesses that testified they heard a woman scream before and after the shots which was impossible given she had died by that point. The state having interviewed all witnesses and including those who later became defence witnesses would have realised their evidence in this respect was unreliable but this was a minor inconvenience or the state and I forgot all about the removed photos and the lost cord because the state had a case to win and win it would seem at any cost. The state insisted on having him committed for psychiatric evaluation hoping that it would somehow prove he was a narcissist with a propensity for violence, the evaluation proved the opposite but why have a 30 day evaluation when you can rely on a talk show psychologist with a love of anecdotal platitudes. The state all along sang the virtues of their Judicial system, how much better fairer it was that a jury system that is until the verdict was announced. It seems however that the prosecution never learnt to take no for an answer and since the verdict does not agree with what they want there is always an appeal. What was interesting to observe was the present of a self confessed murderer attending the trial, whose presence as a spectator instead of as a prisoner was curtesy of the same prosecutor who in that case must have thought murder is ok but that's a side line.
So now the verdict has been reached, sentence imposed but like many a petulant child the state now wants to throw their dummy out and not only go for an appeal but in case an appeal is not permitted under current legislation, then simply change the legalisation. As an non South African I can't help but think that my idea of what justice is and what I witnessed in this case are very different and the phrase being above the law very much comes to mind.


http://www.twitlonger.com/show/n_1sibqps

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PostPosted: Mon Nov 10, 2014 4:19 pm 
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Good summation.

I imagine that the appeal will be unsuccessful.

I wonder how Oscar is doing.

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PostPosted: Tue Nov 11, 2014 10:34 am 
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EXCLUSIVE: Oscar Pistorius may be forced to stay in jail because he has NO ANKLES for electronic tag

Read more: http://www.dailymail.co.uk/news/article ... z3IlpVCTTQ


I imagine that this is a bit of sensationalism. The law must be equal, it is the courts responsibility to figure out a way to monitor Oscar after 10 months of serving his sentence, if he qualifies for early release.

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PostPosted: Tue Nov 11, 2014 1:19 pm 
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Hi Carm.
I saw tweets that said the "ankles" thing was nonsense... but who knows?

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PostPosted: Tue Nov 11, 2014 5:48 pm 
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Hi Rumpole, I am sure that it is nonsense.

I have to catch up on reading :66

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PostPosted: Thu Nov 13, 2014 11:16 am 
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Why is it that some folks must mold real people into caricatures of virtue in order for their deaths to be seen as tragic? There are no saints who walk among us other than the very young. Something I find fascinating in the Oscar/Reeva case is that there is a certain segment of internet brayers who must sanctify Reeva and espouse their undiluted admiration and love for her wonderfulness, while simultaneously demonizing Oscar and espouse hateful horrible things about him, his family, and anyone who thinks that Oscar is not Satan like. Neither Oscar nor Reeva was a saint, neither is a demon, if only people could see what is, there rather than what they want to see. Knowledge and rationality is always a good thing.

A quote from Reeva;


“I’m trying to work on my modelling career and remove myself from the whole FHM stigma,” she said.
“I want to be seen as a classic model.”


Source for Reeva's quote

http://www.news.com.au/world/last-inter ... 6583316933

Pictures from FHM, (link below) some in my opinion appear to be so photoshopped Reeva is unrecognizable. I think it is sad that people must make her out to be a saint in order for her death to have been a tragic one. Her death is tragic. Period. She felt that FHM carried a stigma yet she was willing to expose herself in a way that clearly she felt had something negative attached to it. Perhaps she was so desperate for money and to help her clearly struggling parents that she was willing to attach this stigma to herself for the monetary reprieve it gave.


http://www.2oceansvibe.com/2012/11/13/o ... kgby/#prev

And least the nutter “guests :28 ” start fainting, I have no problems and make no judgements about Reeva appearing in a gentleman’s magazine. I am sad for her that she was at a point in her life where she had to do things that she thought came with a stigma in order to better her bank balance.

I am befuddled by her poor mum claiming that Reeva never had sex with Oscar. There are texts with Reeva and Oscar teasing about having sex “on the stairs, on the couch, on the kitchen counter.”

Reeva’s death is tragic. She was not a saint. That makes her death no less tragic. The truth should be lost on the altar of vengeance of the irredeemably aggrieved and hate perpetuators. There is a difference between seeking justice and seeking a victim to hate, even if the victim is someone who committed a crime.

At least Judge Masipa was intelligent, deliberate, unbiased and unemotional in her judgement.There is a reason justice is blind and not bound by ninnies :77 .

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PostPosted: Thu Nov 13, 2014 12:30 pm 
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Nobody was a saint in this case, which I include the prosecution too.

I think much of the prosecution's standing since the conviction has to do with public perception, not only of this case, but also of Nel - sadly, I believe that to be the state of play.

From what I've been able to gather since he went to jail, the SA public were baying for his blood, long before the conclusion - therefore, it seems to me that OP will have an awful time in jail, most of it we will never hear about.

I think the whole thing is a travesty - also if you cast your minds back to when the trial finished, Reeva's parent were stopped by a SA journalist on leaving the court - directly asked 'are you happy with the decision?' to which they replied, deliberately missing out or making reference to the word 'happy', 'we are satisfied that justice has been done'. Apparently, they had forgiven OP some time before - so if they can forgive......

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PostPosted: Wed Nov 19, 2014 8:09 pm 
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Thought I'd rescue Oscar from the bottom of the page.

Looks to me as if the appeal should be dismissed.


http://www.scribd.com/doc/246995447/Osc ... sentence-1

http://www.scribd.com/doc/246995578/Osc ... sentence-2


1. Section 319 does not permit the reservation of a question of law which in reality is a question of fact.


10. The State contends, in paragraph 35 of its application, that there are special circumstances for the Court to grant leave of appeal, namely the huge public interest” as well as the “far precedent it will set in our legal system.”

Trying to turn a finding of fact into a question of law doesn’t turn a finding of fact into a question of law. Psst…Nel…kind of like trying to turn Culpable Homicide into Premeditated Murder doesn’t always work :stamp .

Eh? Is Nel really arguing "huge public interest" as a reason to break precedent? All the more reason to demonstrate that Lady Justice is blind.

The facts those sticky things that justice must bind herself by.

There is a load of interesting stuff but at quick glance those two points really stand out.

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PostPosted: Tue Nov 25, 2014 1:22 pm 
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It does seem to be the case that Nel is attempting to use public interest as a lever to satisfy his own interests.

I was under the impression that decisions reached on such serious cases have already taken into account what is best in the public interest. It's as if Nel hasn't yet grasped the reality that OP was cleared of the original charge.

He can't have it both ways. He promotes the fact that OP should to be treated no differently than a non-celebrity when it suits his cause, and then claims that there should a higher level of punishment because of public interest.

Public interest is such a global statement that he really should be defining what he means by this. Does he think Masipa's decision affects the well-being of the public, or does he feel that an alternative decision should be made based on public opinion? The latter doesn't define public interest, but I think that's what Nel is alluding to.

At the end of the day we're not dealing with a guy who has the potential of being a danger to the public if he isn't incarcerated for a very long time. We're dealing with a high-profile person who has been found not-guilty of intentionally murdering another human being. I really fail to see how Nel feels that a longer sentence would be in the interest of the public.


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PostPosted: Thu Nov 27, 2014 5:48 am 
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Barry Roux@Barry_Roux Nov 23

After buggering Oscar trial around for 21 months State should be ordered to pay #OscarPistorius entire legal account and not just the appeal

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PostPosted: Thu Nov 27, 2014 9:40 am 
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Hi Rumpole and Steve :17

I agree that this is a personal vendetta for Nel. He has lost sight of justice and even the parameters of the law. He is a very odd man.

Bust day here with Thanksgiving preparations :77

Ciao!

Carmel

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