But there was a colossal opportunity missed and muffed when Roux didn't just go ballistic after Nelandvoid had to admit they didn't have any clue where the extension cord was. This wasn't just an insignificant item of evidence. Nel blistered Pistorius with questions about that extension cord and made it the epicenter to outright accusing him of lying. Nel insisted it was not possible for OP to have plugged the fan into the power strip because other devices were plugged in and no socket was left to plug anything into. Recall how he laughed and mocked him and acted like it was a
gotcha moment when he showed the photo of the multi-plug strip --acting like a cat who just found a gallon of catnip? He strutted this Perry Mason moment as if he was Matlock cracking a case.
Ya cee Mr. Pistorius, I have just caught you and proven your story is a lie.
The extension cord is central to the entire scenario about the fans. How they could be moved, where they were found, that they
were left running, and that he could get to the balcony to yell help because the fan was
not his blocking his way to go through the balcony door. There is no question without the fans and the precise procedures Oscar detailed as he did them that night, his story cannot be true. It is essential that all parts of his testimony regarding the fans can be supported by the evidence. The extension cord is the link to everything which explains what he did, was possible. The prosecutor uses this very item to indict him as fabricating and inventing the explanation and intentionally committing perjury on the stand. But then the defense is helpless to rebut it because the extension cord all of a sudden has just mysteriously vanished while in the complete control of the police. Nel had to even ADMIT that they knew Roux had
REQUESTED it for examination. This wasn't just a slight matter of no big deal.
This was
deliberate withholding of material evidence. This is classic sandbagging of the defense by the prosecution and "hiding the ball."
Roux should have just
railed about this with outrage to the judge and demanded that all references to the accusations and implications resulting from Nel referring to the extension cord be forbidden from use in closing argument. And that the entire cross examination record impeaching OP's truthfulness of placement of the fans accusations made by Nel, be expunged and stricken from the record. Masipa even gave Roux the hint to
DO it! She said "I'm not happy about this." What does Roux need, a wrecking ball to hit him up side the head?
Appeals are constructed based on OBJECTIONS that are made, but not sustained. Otherwise the appeals court is going to consider the defense as being
silent on the gravity of each issue then later raised in the appeal. They can't say in an appeals submission to the court, "we were incensed about not being able to show that the extension cord--used as it was--would have proved that our client was telling the truth. And the loss of this key piece of evidence by the prosecution which was used maliciously against our client in cross examination, indisputably affected our client's right to a fair trial." The court will say, well why didn't you make more of an issue about it? When it was admitted that it was lost by the prosecution, why didn't you ask the record be stricken? We find your raising of the issue here is not timely.
Judge Masipa may or may not have imposed that drastic of a ruling, but she had to do SOMETHING if the application was made or it would be unquestionable reversible error. In fact I believe she WOULD have severely penalized the prosecution with regard to that evidence.
Now the opportunity is gone, c'est la vie. I was just shaking my head in bewilderment at this titanic blunder.
What a different trial this would have been if Vincent Bugliosi was the guy who handled this case. Nel wouldn't have even shown up to court and Pistorius would be out negotiating new contracts with Nike by now.
