Oscar Pistorius Lawyers, in Closing Argument, Say Murder Charge Is Too Strong
By NORIMITSU ONISHI and ALAN COWELLAUG. 8, 2014

PRETORIA, South Africa — The defense concluded its arguments on Friday at the murder trial of Oscar Pistorius, with his lawyers contending that he had killed his girlfriend in a tragic mistake that warranted a far less serious charge than murder.

As she closed the hearing at the High Court in Pretoria, Judge Thokozile Matilda Masipa told both sides to return on Sept. 11, when she will deliver her ruling.

The 41-day trial lasted well beyond the three weeks it was initially scheduled for. South Africa’s first trial shown on live television, it drew a global audience with its cast of outsize characters, especially Mr. Pistorius, 27, the double-amputee athlete nicknamed the Blade Runner, who overcame his disability to run in the Olympics against able-bodied men.

Mr. Pistorius’s main lawyer, Barry Roux, emphasized that because of his disability, Mr. Pistorius had felt acutely vulnerable on the night of the shooting, Feb. 14, 2013, when, the defense says, he thought an intruder had entered his home, in a gated complex in Pretoria. Mr. Roux said Mr. Pistorius’s disability left him continually anxious, likening it to the trauma suffered by a longtime victim of domestic abuse — a comparison that Judge Masipa questioned.

...more at link
http://www.nytimes.com/2014/08/09/world ... .html?_r=0

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

Great timeline graphic by G.bng

See Reference thread....

PISTORIUS REFERENCE - Documents, Photos etc (NO DISCUSSION)
viewtopic.php?f=105&t=1211&p=79849#p80326

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

Yup, that Barry was like a Muhammed Ali in his prime peppering the bejesus out of Nel's every reaching inference. Finally that arm and a leg he was being paid was earned. He exposed it in baby language. If you created a cake and comprised it of the same lunacy of comparable ingredients of Nel's arguments, dogs wouldn't eat it.

It's one of the most uproarious concoctions of legal malpractice that I've seen. If real justice was meted out properly, Pistorius should be given the standing to sue the South African Prosecution Authority in bringing a baseless premeditated murder charge against him. Fortunately the bail hearing judge didn't fall for their trumped up all out efforts to put him in a cage the entire time until his trial. That would have been the cherry that broke the camel's back. In fact, I would stake my credibility on it that Nel tried to put him away again through the back door by bringing the mental referral application.

Looking back over Roux's 6 hours, it was filled with endless points of logic that any reasonable person would have to say "yah, that totally makes sense." It seemed more like it it was two or three days worth of information packed into that short time--nuggets that were spread out over 4 months and finally all pulled together. This compared to Nel's begging and hodge podge of histrionics that was convoluted and just downright void of ANY of the mystery allusions that were thrown out day after day and just left like confetti after a Thanksgiving Day parade.

If there was one example that Roux set up masterfully and sums up this whole trial, it was...why would Oscar have yelled help! help! help! if he was intending to kill her and then yell it BEFORE the State says he killed her.

That was a home run in any ballpark. And Judge Masipa knew it.

Via Daily Mirror..
http://www.mirror.co.uk/news/world-news ... le-3827515

Could be found guilty of:

Premeditated murder
To find him guilty of this charge the Judge has to decide the athlete had 'malice aforethought' - that he knew Reeva was in the bathroom, and had thought about killing her before grabbing the gun and pulling the trigger.

Murder
If Pistorius were to be convicted of murder, the judge has decided he intended to kill whoever was behind the door but there was no 'malice aforethought'.
He could have shot to kill a burglar, or Reeva, in a crime of passion.

Culpable homicide
A verdict of culpable homicide would suggest negligence and not malice, if the judge decides that anxious Pistorius reacted because he was terrified of a potential burglar and wanted to protect himself and Reeva.

This would suggest that not only did Pistorius not intend to kill Steenkamp, he also didn’t realize that she was the one behind the door.

Or found Not Guilty

There are also the 3 firearms charges
There are three firearms charges which were denied by Pistorius - allowing the state to bring in character evidence.

VERDICT: Based on the above I have started a POLL

POLL: Pistorious Verdict
viewtopic.php?f=105&t=1299&p=80141#p80141

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

I thought it was excellent of Barry Roux to mention the fact that the police interviewed witnesses who did not live close to the house. You would certainly think that if this was a couple having a blazing row (no evidence there) in the late evening, still of the night, then most certainly neighbours would have heard something, certainly those living closest to the house - if you look at the scene, there is not too much distance between these homes, either on the left or right-hand side in front or behind.

Roux had a vast more than 200 pages of his deliberations to get through, whereas Nel's was more than 100 pages shorter - sums it up for me.

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

posted elsewhere

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

The decision is "in the lap of the Gods"

Queen - In The Lap Of The Gods... Revisited

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

Reading Ne's heads, it has my head with disbelief. He really considers this beyond reasonable doubt?

I'm just stunned and have to resort to my elephant slinging paint against a canvas and then trying to pawn it off as a masterpiece. Roux laid it out for the judge chapter and verse. Where was that mosaic of what happened there that night Nel? What happened? What about the jeans laying outside? What about the damaged door? What about the blood above the headboard? Why the photo of the broken window? Talk about not "finishing the race" and dropping the baton. You must be carrying the baton between your legs.



My parting shots that only add to Roux's performance. And ROUX is the one with the mosaic.


(1) Nel says Oscar didn't anticipate that he was going to be confronted with the watermelon video and that's why he said he never heard the word zombie stopper?

Nel do you remember that when Roux was about to play the CTV video, that you almost ripped your robe getting up to object? And what did you say? If he wants to play that, then we can play a video about watermelons. Do you think that might have been a hint to Oscar that the infamous watermelon video was coming?

(2) He says Oscar had to change to say he was in the bedroom to make his story fit instead of saying he went "onto" the balcony.

Really? You think Oscar thought it was logical to say in his bail statement that he heard a bathroom window open while he was on the balcony? The constant ridicule used trying to bolster your case with the addendum and specifics he added in his plea application as compared with the bail application is so lame, it screams desperation. NOTHING changed.

(3) "Had to move the fans quite a distance to 'create time'
Really? Moving the one tall fan, closing the door and the curtains wouldn't have given Reeva the 10 seconds she needed to scoot off the bed? Even as stated in his bail application?

(4) Blood spatter pattern from the carpet onto the duvet.

What happened if the duvet was on the floor then? Was he carrying her all around the room? Did he retrieve her bloody body and then decide he wanted to listen to some tunes on the stereo before he carried her downstairs and splotched blood on the duvet? Explain it Nel. Your Neldunes were waiting glued to their chairs.

(5) "Fans were never moved."

Really? If the fan was found as pictured in your as-was crime scene photo and wasn't used as he said, what the hell would be the point of Oscar having the fan near the balcony door? It's not possible there aren't a zillion other places he could have put it? He would rather block his access to the balcony door and easy ability to pull the curtains together?

(6) Why would he want to cover the light if it wasn't the reason that woke him up?

Duh. He was right next to it and he had only just made the room completely dark. Did Reeva just throw the jeans there as she was in a hurry to get out of them and put on his shorts to leave?

(7) How did the jeans end up on top of the duvet if it wasn't on the floor?

Ask Botha. He's the one that saw the duvet on the bed


(8) Couples always wake each other up when they hear a noise. All the couples in the case did.

YES, when they're both sleeping and right in bed next to each other. That's because they're both in the BED. Just as when Oscar woke Sammantha up--the example you gloated over telling Judge Masipa. Did you notice the operative word in there Nel as you thought you were giving a confirming example? He woke her UP!

(9) Whisper versus low tone

This almost crystallizes the extent of sheer grasping for straws to hang on for dear life to find something to save the case. Oscar had to eliminate the word whisper because that would have implied he was in the bed or very close to her? Did you ever hear the term "LOUD whisper" Nel?

(10) Deactivating the alarm would have been advantageous to him because the alarm wouldn't go off and alert security.

Ha ha, you don't think that yelling H-E-L-P at a volume that could be heard two football fields away at 3:30 AM wouldn't get people on the phone calling security? You know Nel, like your State witnesses did. And since you're so obsessed with saying he tailored his version, you don't think he could have said he told Reeva to set the alarm before she went to sleep?

(11) Keeping his cellphone with him indicates a degree a calm.

What? It's better to throw the phone on the floor?


(12) If this doesn't show the supreme example of the imbecilic delusions of the State in this trial, I don't know what does.

"By taking cover behind the wall of the door leading from the bedroom and drawing Reeva behind him, he would have had a secure position from which to defend them both. He would have had a clear field of fire down the passage towards the bathroom should any threat have emerged from the bathroom into the passage."
and

(13) "fired four shots into a small toilet cubicle whilst anticipating that someone was in the cubicle and likely to be killed"

There is no scenario that allows you to conclude that just firing 4 shots into the toilet cubicle was likely to kill someone. All 4 shots could have missed or certainly just wounded the person. Not conclusive.

(14)
Although the accused’s version in the bail application was that he “…heard movement inside the toilet…” he had to create a sound that could serve as a startle during his evidence which led to all the different versions.

Oh really? Why not just say he heard the handle click or saw the handle move? Why does he say the door was locked at all? Are you forgetting about all that talented tailoring ability you claim he has Nel?

(15)
"A further example of their truthfulness is to be found in the behaviour of Mr Johnson who, although subsequently knowing that there were only four shots fired, stuck to his recollection of events of more shots as recorded in his notes and statement. No attempt was made to tailor his evidence."

And this makes your case better? Johnson is the one if anybody, that crucified you with not being able to explain, eliminate or even attempt to address the 1st set of sounds.

(16) "Must have ate before her death DOWNSTAIRS"

She certainly did. And if Judge Masipa thinks about it for 10 seconds, she will realize how many options Reeva had to leave since she was already downstairs or get some kind of weapon such as kitchen knife if there was an argument. But she eats during the argument and then goes BACK upstairs?


I am just exhausted with lampooning this farce. It will have to be one of the worst miscarriages of justice ever if they find even REMOTELY that he knew he was killing Reeva. I just don't think it will happen. And if it does, it will be a lead pipe cinch to be overturned on appeal.

I am a Queen FANATIC. No bigger crime against music than the fact that they're seen as a greatest hits band. So much gold there between Queen and The Game. So thanks for this!

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Gotta kick at the darkness 'til it bleeds daylight. ~Bruce Cockburn

I can't bring myself to believe Nel doesn't realize he is arguing a shitty, paper thin case on the idea that Oscar targeted Reeva. The majority of his points are so weak and reaching it is cringeworthy. Not his fault - the requisite facts are simply absent.

_________________
Gotta kick at the darkness 'til it bleeds daylight. ~Bruce Cockburn

Glad you like the Queen song.
I cant say I was ever a fanatic, but I was an early fan. I bought the "Sheer Heart Attack" album when it was released.
-----
I agree, I can't see how Nel can not know that he is stretching with his claims and veeeeersion.

That is why I find it disgusting and reprehensible that Nel STILL went ahead and bullied and badgered witnesses.. especially OP.... an easy target for a bully.

Nel is a Nasty piece of work, and... such a "poser".... with his exaggerated gestures and speech mannerisms. I guess he has sycophants around him who have reinforced his performances in previous SA trials, but subject to international scrutiny he just looks like a PRICK!

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

As difficult as it must be for Oscar to face these accusations I think this case has been prosecuted as it has for a reason. Botha arrived on the scene and based on assumptions from a previous run in with Oscar made a conclusion of guilt on the spot. What was leaked to the media flowed from that. Early witnesses had to be influenced by what leaked to the media. In short, a particular view of this case was set early in the public mind and given the dual histories of white privilege and violence against women in South Africa anything other than a full prosecution could have undermined South Africans' faith in their own justice system post-Apartheid. Better for Oscar in the long run to be tried and exonerated for premeditated murder than forever be the justice thwarted poster boy for various special interests.

That said, Nel has been effective at times but his transparent manipulation of facts and people at other times lacks empathy and sometimes even decency. He has a job to do, but he doesn't leave the impression he's particularly interested in the truth.

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Gotta kick at the darkness 'til it bleeds daylight. ~Bruce Cockburn

I agree that he had to be tried... for the reasons you cite.. and simply because there is a Prima facie case there, but....

As Roux mentioned (twice) in his closing arguments. The STARTING point (and charge) should have been "Culpable Homicide"

MOST of the 5 months trial was about refuting OP's version, but without a detailed State version at all. That was doomed from the start with "Beyond reasonable Doubt" burden on the State.

(This is just one of many "I told you so"... things I have been saying since (before) trial began.)

I said from early on that the State should have conceded OP's broad version of events and then argued the criminality (or lack) of what OP did.
We would not have needed any of the shonky "ear witnesses", nor much of the expert testimony.. other than to put broad details on record. What should have been the bulk of the trial was the stuff about OP's state on mind etc. Trial could have easily been done in 2 weeks (or less).
Firearms charges tacked on to a murder trial was travesty in itself. A blatant ploy by Nel to bring in inadmissible ( and irrelevant) evidence. They are not even proven incidents or past convictions. IMO the Judge should dismiss the charges for that reason. They were only brought as part of an underhand scheme by Nel. I think anyway 2 should fail on evidence presented.. Tasha's... Roux has all but conceded.. so perhaps a guilty for that.. but no prison time.

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

I completely agree that that's where the facts are - Oscar may be guilty of CH. But what I meant and perhaps expressed poorly was that the way the early facts were spun and publicly digested meant that he had to be tried for PM to avoid a perception of injustice right out of the gate. His celebrity has worked against him from the moments these terrible events began to unfold.

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Gotta kick at the darkness 'til it bleeds daylight. ~Bruce Cockburn

As the DT have now established the only reasonable timeline, Nel's mythical version of events can only even begin to be examined if we accept that OP shouted 'help, help help' before he shot Reeva.

How anyone can think that this was delivered in a mocking tone, yet at the same time was loud enough to be heard at the Standers house (531 metres away - approx. an 8 to 10 minute walk) is beyond belief.

Think I'll listen to a bit of 'Fantasy' (Earth, Wind & Fire) as a tribute to Nel and the True Gossip forums.

Did Nel ever reconcile the screaming, yelling, shouting, row, fight, argument, loud speech rehearsal, chase about the house <<<---- (I think I have covered most of the nutter musings ) that Estelle van der Merwe heard starting at 1:56 AM which lasted for over an hour but security failed to hear when security was outside of Oscar's home, at the exact time van der Merwe had a pillow over her head because the screaming/fight/speech rehearsal was so loud

My favorite bit is the theory that perhaps Reeva caught Oscar watching porn, which started the row (an imaginary row which is none the less well cemented in the collective grey mass of the the dullards), since Oscar was on the site for less than a second, that would have been some phenomenal timing.

Silly Nel if Oscar runs free it will be all because Nel didn't read the Gossip rags on the internet to fill in the gaps in his case

Good job over yonder Steve.

Thanks for gathering all the information in one place Rumpole.

May justice prevail.

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

Hi Carmelita,

It all looked rather hopeless for Nel. I found it hard to believe that people actually thought he would simply produce a feasible time line and order of events whilst at the same time super-gluing the collapsed mosaic (or should i say 'mows-a-hay-ic') back together again. I'm not sure what's happened to the baton that OP has allegedly dropped, but I certainly know where I'd like it to end up

Last time I looked it was conspiracy central over there. We had the Standers in cahoots with OP, Uncle Arnold in cahoots with Netcare, Aimee wearing multiple wristwatches and Frank witnessing the complete scenario. It appears Nelson Mandela had very little sway when compared to the powers of control held by Uncle Arnold. If this was made into a move it would be slated for being so ridiculously over the top.

I'm sure the judge and her assessors will be taking inferences purely from the court record so none of this Alice in Wonderland speculation should really matter.

...although I do remember an unusual outcome from Napoleonic times whereby a monkey was found dressed in military uniform, arrested and interrogated for being a spy. He/she was subsequently found guilty and hung. Perhaps Nel is hoping for a similar relaxed attitude to the term 'beyond all reasonable doubt', as without this I just can't see the judge issuing a verdict of murder with intent.

Hi Steve,

Love the monkey reference.




Perhaps of friend of Nel?

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

That's the one Carmelita.

Now you come to mention it...hmm?

too funny and given Nel's need to have the world, at least the crime, viewed only through his eyes, the facts be damned, not an inappropriate merging of figures.

Nel lifts his robe and Nel's Crows swoon, I don't know why anyone finds his antics and verbal brow beating, twisting of words and droll smug and pointless mantras as if they are the word of God but maybe the phenomenon may be as easily explained as the crows are simply lonely, marginalized women who in general don't like people so they enjoy watching the people that they have condemned being verbally assaulted as it is something they wish that they could do in the real world to others but alas they do not have the social or verbal skills to engage so bully-ish in the outside world.

I have also noticed it is not enough to hate, berate and wish ill on the accused but that vitriol extends to their family and friends also. I have wondered if it had been Frank who Oscar accidentally shot and Reeva was supporting him though this process what hatred would be directed at her. Sainthood is a precarious thing especially if bestowed only by the circumstances of one's death.


Just a thought

This is my first active case I have paid any much attention to, but the main one before it, that I participated in was the JonBenet Rasmey case and I am amazed at how people condemn first and then go backwards to make the evidence conform to their condemnation. To be fair for the Ramsey case I had the benefit of coming to it just last year. I never knew crime forums existed until about a year ago, then it took me a bit to figure out that some forums (at least in certain cases) seem far less about exploring the evidence and far more about the endorphins that are produced when they are saying terrible things about people. It is fascinating to me.

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