It is currently Tue Apr 30, 2024 11:35 pm

All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 1157 posts ]  Go to page Previous  1 ... 31, 32, 33, 34, 35, 36, 37 ... 58  Next
Author Message
PostPosted: Fri Sep 12, 2014 5:29 am 
Offline
User avatar

Joined: Sun Jun 09, 2013 6:48 pm
Posts: 691
Location: SW Scotland
9.30pm for you still don't need to be up too late for the resume after lunch.

Prosecution not happy apparently.

_________________
ImageSince we are destined to live out our lives in the prison of our minds, our one duty is to furnish it well~Peter Ustinov

Image


Top
 Profile  
Reply with quote  
PostPosted: Fri Sep 12, 2014 5:41 am 
Offline
ADMIN
User avatar

Joined: Tue Mar 27, 2012 5:30 pm
Posts: 56989
Location: Pomeroy's Wine Bar
It's OK time.. frustrating to think it wont end tonight.

_________________
Image Do not go gentle into that good night.
___________ Rage, rage against the dying of the light


Top
 Profile  
Reply with quote  
PostPosted: Fri Sep 12, 2014 5:58 am 
Offline
User avatar

Joined: Sun Jun 09, 2013 6:48 pm
Posts: 691
Location: SW Scotland
:wall Yes, but should we be surprised :lol

_________________
ImageSince we are destined to live out our lives in the prison of our minds, our one duty is to furnish it well~Peter Ustinov

Image


Top
 Profile  
Reply with quote  
PostPosted: Fri Sep 12, 2014 6:02 am 
Offline
ADMIN
User avatar

Joined: Tue Mar 27, 2012 5:30 pm
Posts: 56989
Location: Pomeroy's Wine Bar
I believe sentencing will involve witnesses etc... it could take days and days

_________________
Image Do not go gentle into that good night.
___________ Rage, rage against the dying of the light


Top
 Profile  
Reply with quote  
PostPosted: Fri Sep 12, 2014 6:15 am 
Offline
User avatar

Joined: Sun Jun 09, 2013 6:48 pm
Posts: 691
Location: SW Scotland
ON the TV at the moment they are repeating the verdicts and doing back videos of Pistorius at his best, and referring to his fall from grace as being now complete - so sad.

_________________
ImageSince we are destined to live out our lives in the prison of our minds, our one duty is to furnish it well~Peter Ustinov

Image


Top
 Profile  
Reply with quote  
PostPosted: Fri Sep 12, 2014 6:22 am 
Offline
ADMIN
User avatar

Joined: Tue Mar 27, 2012 5:30 pm
Posts: 56989
Location: Pomeroy's Wine Bar
Athletic careers don't last for ever. Can end abruptly through injury, or simply form dropping off.

NOW is a good time to get a job other than competing.. which he probably can

Even with a prison sentence.... sure there are opportunities after.

He was a bit of a loose cannon.. likely an incident would get out of hand.. perhaps kill himself (and others) in high speed car crash.

It is VERY sad for Reeva's family.

Oscar could get himself back on track. He was lucky to dodge Murder conviction.

_________________
Image Do not go gentle into that good night.
___________ Rage, rage against the dying of the light


Top
 Profile  
Reply with quote  
PostPosted: Fri Sep 12, 2014 6:34 am 
Offline
User avatar

Joined: Sun Jun 09, 2013 6:48 pm
Posts: 691
Location: SW Scotland
I agree with you RT I think in future he will have to be very careful. And of course, one can certainly understand how awful this verdict would be for Reeva's parents, it's just such a sad case, and she was a gorgeous young woman. No parent ever gets over the death of a child, in particular this circumstance, so these people will never be the same, and there will always be that void for them.

He is a loose cannon, and I believe more so in particular circumstances, which we have no way to know may not happen in his space at some point in the future.

Well, of course, they can appeal, so let's wait and see - it is thought that they won't but I'm not convinced, I think Nel will want to show his unhappiness (slap in the face) at his efforts not being recognized.

_________________
ImageSince we are destined to live out our lives in the prison of our minds, our one duty is to furnish it well~Peter Ustinov

Image


Top
 Profile  
Reply with quote  
PostPosted: Fri Sep 12, 2014 6:39 am 
Offline
ADMIN
User avatar

Joined: Tue Mar 27, 2012 5:30 pm
Posts: 56989
Location: Pomeroy's Wine Bar
Nel is a shit.. he would want to appeal... but it's not his decision.

National Prosecuting Authority says they will wait until after the sentencing to decide if they will appeal.

Lets hope Nel's handlers put his muzzle back on and lock him away somewhere?

_________________
Image Do not go gentle into that good night.
___________ Rage, rage against the dying of the light


Top
 Profile  
Reply with quote  
PostPosted: Fri Sep 12, 2014 6:45 am 
Offline
User avatar

Joined: Sun Jun 09, 2013 6:48 pm
Posts: 691
Location: SW Scotland
Another case coming up, which I don't know if it is going to be streamed, will be next week when the pre-trial hearing of honeymoon murder accused Shrien Dewani will be held at the Western Cape High Court, it starts on Tuesday.

_________________
ImageSince we are destined to live out our lives in the prison of our minds, our one duty is to furnish it well~Peter Ustinov

Image


Top
 Profile  
Reply with quote  
PostPosted: Fri Sep 12, 2014 7:06 am 
Offline
User avatar

Joined: Thu May 22, 2014 6:19 pm
Posts: 2914
Just woke up, and it sounds like a very sound, lawful and well thought out verdict. I will watch it later (some of it ) My prediction is non custodial sentence, community service, therapy and loss of fire arm licensee. Masipa may even say something about how Oscar has obviously suffered and punished himself at the sentencing phase. His sports career is over, he may get a job at one of his Uncles businesses. Though I think that it is more likely he will write a book about overcoming adversary and tragedy and his awakening for the first time in his life to the fact that he really is disabled.<< I predicted all of this months ago and was mocked and ridiculed for it.

I believe that a wrongful death action was settled before the trial and Reeva's parents have already been awarded a sum of money from Oscar.

It is horrific that Reeva died, that the life ahead of her is gone, it is sad that Oscar has to live with the memory of that night and his responsibility for it.. The entire thing is tragic. I hope that Reeva's parent's see the soundness in the judge's decision and have a modicum of peace that although Reeva's last moments were terrible, that terror was not compounded by the fact that her "baba" had turned into a sneering mocking mad man who hunted her down in cold blood and maliciously shot her.

Reev'a parents have suffered the greatest loss a parent can suffer and that does rest with Oscar. But Nel, IMO and those folks who arrogantly, ignorantly maliciously, and beyond a shadow of a doubt perpetuated and promoted the myth that Oscar was a cold blooded killer, own some part of the pain that has been inflicted upon her Reevea's parent's over the last year. Shame on them.

_________________
If your mind is agitated you will find agitation everywhere. Where else will you find peace if not within you? __ Papaji


Top
 Profile  
Reply with quote  
PostPosted: Fri Sep 12, 2014 7:08 am 
Offline
User avatar

Joined: Sun Jun 09, 2013 6:48 pm
Posts: 691
Location: SW Scotland
i have to say, now we have to wait until the 13th of October before we know what sentence (or heavy fine) will be imposed.

But, having said all of this I think he should still have been sentenced - this week - to prison time for being found guilty of the very serious charge of Culpable Homicide - if this was the UK he would have.

_________________
ImageSince we are destined to live out our lives in the prison of our minds, our one duty is to furnish it well~Peter Ustinov

Image


Top
 Profile  
Reply with quote  
PostPosted: Fri Sep 12, 2014 7:16 am 
Offline
User avatar

Joined: Thu May 22, 2014 6:19 pm
Posts: 2914
Rumpole wrote:
I am listening to a daft SA TV lawyer:

"What if somebody had snuck in and left a baby in the toilet.. that baby would be dead"

What?

lol You cant make this stuff up!


Hell in a handbasket. He can sit right next to the nutter who thought chatting about the possibility that a black hole, maybe, might have, just possibly be the reason for the disappearance of the Malaysian jet.

If gossip sites are any indication of the lunacy, pretzel twisting logic and nonsense that people are going to use to mollify their own egos rather than simply admit that they were wrong then we are in for quite a bumpy ride of bullheaded, illogical, dull witted ramblings.

JMO

_________________
If your mind is agitated you will find agitation everywhere. Where else will you find peace if not within you? __ Papaji


Top
 Profile  
Reply with quote  
PostPosted: Fri Sep 12, 2014 7:19 am 
Offline
User avatar

Joined: Wed Apr 02, 2014 4:40 am
Posts: 142
Wow what a display of legal acumen that sage old lady of the bench is showing. Imagine that--holding a prosecutor to a burden of proof.

That despicable little ferret is being knocked from pillar to post. I despise him almost as much as obama. They would both fit my description of revulsing.


Top
 Profile  
Reply with quote  
PostPosted: Fri Sep 12, 2014 7:27 am 
Offline
User avatar

Joined: Thu May 22, 2014 6:19 pm
Posts: 2914
Wroughead wrote:
i have to say, now we have to wait until the 13th of October before we know what sentence (or heavy fine) will be imposed.

But, having said all of this I think he should still have been sentenced - this week - to prison time for being found guilty of the very serious charge of Culpable Homicide - if this was the UK he would have.



I leave that to the judge to sort out. To not check where your mate is and have 100% certainty of her safety is beyond irresponsible. But that said I am speaking with a reasonable mind, sitting behind a computer snug and warm with my two dogs. I do believe that is Oscar's panicked state, a long with all his other issues of vulnerability, his heightened sense of fear of intruders and his past responses to noises he heard in his home, that Oscar erroneously believed with 100% assurance that Reeva was in the bed. As with everything in this case I believe that the judges sentencing will come down to her interpretation of Oscar's mind after he heard the window open.

I have a gun, I once heard a noise in the night, the first thing I did was make sure those in the home with me were safe and where they were located, it ended up being that something fell off the wall, but I never would have considered shooting blindly into a space if I did not know, had not seen, and talked to my loved ones and knew with 100% certainty where they were. IF I knew that there was no possibility that it was my loved one and I perceived someone advancing at me in my home at 3 AM I would have shot.

_________________
If your mind is agitated you will find agitation everywhere. Where else will you find peace if not within you? __ Papaji


Top
 Profile  
Reply with quote  
PostPosted: Fri Sep 12, 2014 10:32 am 
Offline
User avatar

Joined: Thu May 22, 2014 6:19 pm
Posts: 2914
I have only made it to the 35 minute mark and have to run but I am very impressed with Masipa’s thoroughness, thoughtfulness and clinical application of the law.

From the verdict reading;

In conclusion I’d like to recap on the counts that the accused has been found guilty of…(insert tale of fight, chase and malicious murder)…. Evidence lead by the state in this account is purely circumstantial it was not strong circumstantial evidence moreover the evidence of various witness’s who gave evidence on what they heard, in what sequence and when, proved to be unreliable, the accused denied the allegations, not withstanding that he was an unimpressive witness the accused gave a version which reasonably possibly could be true. In criminal law that is all that is required for an acquittal as the onus to prove the guilt of the accused beyond reasonable doubt rests with the State throughout……. (insert Oscar’s version) ……The sequence of events mainly the shots, the screams the shouts of help, the sound of the cricket bat striking against the toilet door, the calls made by various witnesses to security to report screams and or shots are more in line with the version of the accused.


Simple, logical and sound. (And what we have been saying all along :69 )

I have read briefly a few of the "Expert" Attorney’s who are whining about how Judge Masipa got it wrong, perhaps they are the same attorney’s that lead a horde of dullards to the conclusion that because this was a a prima facie case that the onus was on Oscar to PROVE his innocence. As the good judge said around the 15 minute mark it was on the State to prove beyond a reasonable doubt the guilt of the accused and that the accused bears no onus to prove his innocence.

This is verbatim from Judge Masipa;

In criminal law that is all that is required for an acquittal as the onus to prove the guilt of the accused beyond reasonable doubt rests with the State throughout.

So perhaps the Legal Eagles and their minions who were under such a false premise of Oscar proving his innocence should take a moment to reflect on why they are so stunned by this verdict. IMO it is because they were ignorant of the law and leaped in head first with their emotions, decided Oscar was guilty of premeditated murder and closed their minds to all evidence that contradicted their conclusion.

Ignorance is not bliss it is dangerous as is group think.

_________________
If your mind is agitated you will find agitation everywhere. Where else will you find peace if not within you? __ Papaji


Top
 Profile  
Reply with quote  
PostPosted: Fri Sep 12, 2014 12:25 pm 
Offline
User avatar

Joined: Thu May 22, 2014 6:19 pm
Posts: 2914
More of Masipa’s wisdom;

(The dots ..…. are where I just don’t have time to go back and type out the good judges words but do not change the fundamental line of her judgement)


It cannot be said that the accused did not entertain a genuine belief that there was an intruder in the toilet that posed a threat to him. Therefore he could not be found guilty of murder, dolus directs, this court has already found that the accused cannot be guilty of murder dolus eventualis either on the basis that from his belief and his conduct it could not be said that he foresaw that either the deceased or anyone else for that matter might be killed WHEN he fired the shots at the toilet door. It also cannot be said that he accepted the possibility or that possibility into the bargain…… General Principals of Criminal Law; The courts have warned against any tendency to draw the inference of subjective foresight too easily…due regard to particular circumstances….Subjective foresight like any other factual issue may be proved by inference to constitute proof beyond a reasonable doubt the inference must be the only one that can be reasonably drawn, it cannot be so drawn if there is a reasonable possibility that SUBJECTIVELY the accused did not foresee even if he ought to have reasonably done so, and even if he probably did do so.

I have only made it another 5 minutes through. I am not a trial watcher but I am a people watcher and I am very keen on word usage. The two important words in the 5 minutes I listened to, are when and subjectively.

Masipa’s decision of not guilty of dolus eventualis is legally sound as the court gives her a clear command, which is, it is not whether the accused should have objectively foreseen a consequence of his actions but it is whether or not the accused did foresee a consequence of an action, subjectively in a particular circumstance WHEN the action took place. I believe that this will be the crux of sentencing phase, as in it will come down to “state of mind.”

Truly I am wondering what all the squawking about the judges decision is about. I'm the one with no law degree, no history in trial watching and I can figure it out so it can't be that difficult.

_________________
If your mind is agitated you will find agitation everywhere. Where else will you find peace if not within you? __ Papaji


Top
 Profile  
Reply with quote  
PostPosted: Fri Sep 12, 2014 2:57 pm 
Offline
ADMIN
User avatar

Joined: Tue Mar 27, 2012 5:30 pm
Posts: 56989
Location: Pomeroy's Wine Bar
Thanks for the snippets, Carm.

I am "stunned" in the sense that I thought this case was clear and simple from the outset, but in the back of my mind thought that maybe I was missing something. Masipa's summary confirms it was a clear and relatively simple case as I first thought. There was no case there at all. I am "stunned" that it was not abandoned by Prosecution, or at the very least not dismissed after Nel presented his (lack of a) case

Really, Nel's "case" was more akin to a "What if" post at a Lynch 'em Forum. One of those page long rambling posts that everybody rushes to QUOTE and THANK :lol

Actually it was WORSE than that because Nel never presented his imaginary "What if" in any detail. No detail of why, when, where the "argument" was. No evidence of violent physical activity, nor any bruises etc on either party? All based on one woman hearing a lone woman's voice "arguing" :doh

_________________
Image Do not go gentle into that good night.
___________ Rage, rage against the dying of the light


Top
 Profile  
Reply with quote  
PostPosted: Fri Sep 12, 2014 3:17 pm 
Offline
ADMIN
User avatar

Joined: Tue Mar 27, 2012 5:30 pm
Posts: 56989
Location: Pomeroy's Wine Bar
Oscar Pistorius: IPC will allow him to compete at Rio Paralympics
12 September 2014 Last updated at 13:55 GMT

Image

Oscar Pistorius will be allowed to compete at the 2016 Paralympic Games if he is not in jail, the International Paralympic Committee has revealed.

...more at link
http://www.bbc.com/sport/0/disability-sport/29179210

_________________
Image Do not go gentle into that good night.
___________ Rage, rage against the dying of the light


Top
 Profile  
Reply with quote  
PostPosted: Fri Sep 12, 2014 3:24 pm 
Offline
ADMIN
User avatar

Joined: Tue Mar 27, 2012 5:30 pm
Posts: 56989
Location: Pomeroy's Wine Bar
Bazza relaxin'

Image

_________________
Image Do not go gentle into that good night.
___________ Rage, rage against the dying of the light


Top
 Profile  
Reply with quote  
PostPosted: Fri Sep 12, 2014 3:25 pm 
Offline
ADMIN
User avatar

Joined: Tue Mar 27, 2012 5:30 pm
Posts: 56989
Location: Pomeroy's Wine Bar
Barry Roux - Here Comes Your Man


_________________
Image Do not go gentle into that good night.
___________ Rage, rage against the dying of the light


Top
 Profile  
Reply with quote  
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 1157 posts ]  Go to page Previous  1 ... 31, 32, 33, 34, 35, 36, 37 ... 58  Next

All times are UTC - 5 hours [ DST ]


Who is online

Users browsing this forum: No registered users and 78 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum

Jump to:  
cron
Powered by phpBB® Forum Software © phpBB Group