I can see aavi's point. Reeva did die when all said and done. OP was in some way "negligent"
However, I can only imagine his feelings of vulnerability and I can see why he reacted as he did..

I do think Roux spelled out that in addition to that sort of thing.. the vulnerability and "psychology" of OP comes up again as mitigation and reason to sentence more lightly? We'll see.

(Past my bed time, but please carry on discussing the case)

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

State actually can appeal in SA. Canada too!

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

Thanks I stand corrected

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

As usual I am playing "catch up" I did notice in Judge Masipa's rendering that she reiterates that Oscar is in a member of a "unique and particular" class of people. She so far has stated that she cannot use this status to completely absolve Oscar of the negligence of his actions but I believe that we will hear a lot about that in the sentencing phase, (if there is a sentencing phase.)

The gun charges, Tasha's is a given, but the circumstances of that being put before the court in this format is going to be suspect to Masipa's sharp mind, the shooting out of a sunroof, he said she said IMO, and the illegal ammunition another thing that looks like Nel is throwing everything against the wall to see what will stick, but it was still a violation of SA law. It appears NEl was trying to paint Oscar as a loose cannon, trigger happy nut case, instead his prosecution style and the charges brought made Nel look like an agenda driven zealot.

And thank God the good judge mentioned that the type of ammunition is irrelevant. This seems to be a particularly difficult fact for the dullards to understand.

So we have a member of a unique and particular class of people, who negligently shot at a noise he perceived to be an intruder without ascertaining with 100% certainty (although Oscar believed he had 100% certainty) where Reeva was. This is what rational minds have been saying all along.

Kudos to the folks of the facts before fury, mindset.

O and the turning on a dime about Masipa's competency is like something out of a Monty Python sketch. SMH

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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

An appeal by the prosecutor in an acquittal is limited to points of the law. I cannot imagine that Nel will challenge Masipa. Bringing the trumped up charges against Oscar was a zealous move, it garnered Nel a hoard of dull witted Nellites but has not necessarily put him in disfavor with his colleagues or the judges and their assessors of SA.

But if he attack’s judge Masipa’s reading of the law he will have real life/career consequences, unlike the gaggle of buffoons on website’s that proclaim their superior knowledge to a seasoned and respected judge.

http://www.justice.gov.za/salrc/reports ... 000dec.pdf


APPEAL BY THE PROSECUTOR OR THE DIRECTOR OF PUBLIC PROSECUTIONS (FORMERLY THE ATTORNEY-GENERAL) ON QUESTIONS OF LAW

2.14 The Act provides for limited appeals by the State relating to findings of not guilty. The relevant provisions are section 310 (Appeal from the lower court by the prosecutor), and section 311 (Appeal to the Appellate Division). There is, in addition, the provisions of section 319 relating to the reservation of questions of law. Separate provision is also made for appeals against sentence by the State in sections 310A and 316B. Last, there is the right of appeal against the granting of bail. These provisions are discussed below.


Section 310
2.15 Section 310 allows the State and private prosecutors to appeal against a decision in a lower court, but only upon points of law.

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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

reading some of the reactions elsewhere. Can I just say ...teeheee...that is all

I don't want to name individuals or site specific examples of stupidity ( I am so over the daft, willfully ignorant, lynch mob posters)..

However as a group, the dullards who post at Forums and tweet (you know who you are)......


I, and several others DID tell you so


What a bunch of Maroons!!

BTW they WILL NOT learn from their mistakes in this case. They are already at it again on other cases.

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

I still say regardless of even a light or suspended sentence, there is a better than even chance that he will commit suicide.

Her death was unquantifiably devastating to him and he has relived the firing of those shots every day since. He would have rather been the one behind that door himself a thousand times over than him ever killing Reeva.

They confirmed my suspicion in the mental eval. The Neldoons have stooped to sewer level comments like he took Ipecac to insure he would throw up. Maybe when they find him dead like Robin Williams, they'll finally get it.

On second thought, no, they'll never get it. Nor do they want to.

I do agree that Oscar is at a high risk of suicide. I also agree those who are blinded to the facts by their hate and ignorance will never get it. I do hope Oscar receives help and finds some peace. I can't imagine.

...

While Masipa does state that Oscar did not act reasonably (I agree, I think the majority of us here agreed all along with this assessment) Masipa is doing a lot of verbal gymnastics, in fact here is some her statement before declaring Oscar did not act reasonably;


“While it is clear in applying the test of the reasonable man in determining whether certain conduct was negligent the days of full blown objectivism are past and some evidence for “subjectivising” the test for negligence is apparent. There is no warrant for departing holus-bolus from the old and well established reasonable man test. The reasonable man himself of course evolves with the times, what was reasonable in 1953 would not necessarily be reasonable today. What has happened in practice however is that the reasonable man is to be placed in the position of the accused. It is not clear form other cases however what is to be included and what is to be excluded from this position. A balance of the varying ideas of what is to be included and what excluded from the test should be sought along the lines of reasonableness. One must test negligence by the touchstone of the reasonable person of the same background educational level culture sex and race of the accused. The further individual peculiarities of the accused must be disregarded. It was submitted on behalf of the accused that there could be no doubt that disability did not form part of individual peculiarities and that therefore it must be taken into account in the concept of the reasonable person representing, I quote “ a particular group of persons who are in the same circumstances as he is with the same ability and knowledge” close quote.



I do not believe we have heard the last of Oscar’s “peculiarities.” As I said long ago, I think Oscar will get a slap on the wrist and be ordered not to own firearms any longer. If he gets a custodial sentence I believe it will be suspended and he will have certain perimeters established in order for him to keep his freedom, such as stay out of trouble.

All in all a horrific accident compounded and made more ugly by Nel’s vulgar prosecutorial style.

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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

I had a post at 'another forum' that said roughly "We. Told. You. The evidence in this case has NEVER supported the conclusions the majority on here arrived at. Ever. You should have spent less time calling us weak minded and more time finding empathy and understanding human behaviour.".

It got 'moderated' to oblivion. LOL.

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

It is funny. But it also actually disturbs me. There are ways in which I don't find it trivial, you know?

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

The stark reality is that someday most of them are going to sit in judgment of somebody else. Or worse yet, already have

They have no business being anywhere near a courtroom to hear and micro analyze evidence. They have no clue how to process it. And this was an easy case to see the sheer vendetta of a prosecution who was trying to save face after blowing it and being embarrassed to high heaven in the very first hearing.

God help an innocent defendant who has a case that takes true intelligence and perception to see through the red herrings.

Legal experts foreshadow an appeal in the Oscar Pistorius murder trial
September 12, 2014 8:59AM



ANALYSTS and leading legal experts have questioned the way the judge in the Oscar Pistorius trial interpreted murder and are foreshadowing an appeal by the State.

Within hours of Judge Thokozile Masipa finding Pistorius not guilty of premeditated murder and of a lesser murder charge, a chorus of protest had risen in South Africa.

Social media was alive with people decrying how the famed Blade Runner could be found not guilty of murder.

Television programs devoted to the Pistorius trial last night hosted a series of lawyers and academics who questioned Judge Masipa’s interpretation of the term murder dolus eventualis.

Many said that she erred at law by saying Pistorius could not have foreseen his actions would have killed Reeva Steenkamp that night.

At the time he thought she was still in bed.

Lawyers say that it should have been a question of whether he could have foreseen that his actions, in taking a gun and firing four shots into a toilet door, could have killed an intruder or whoever was in there.

Judge Masipa will conclude her verdict today when she declares whether or not Pistorius is guilty of the lesser charge of culpable homicide, similar to manslaughter.

...more at link
http://www.news.com.au/world/legal-expe ... 7056135837

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

TV legal experts say.....

Masipa plus 2 learned assessors dont know SA law like what TV lawyers do!

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

I'm so sick of hearing these vacuous bobbleheads. Similar rejects as from the Zimmerman trial.

I hate to break to them but this was a JURY trial--a THREE person jury. Any two of them could have overruled the third. Judge Masipa is only reading the decision they all reached.

Do they actually think Ms Masipa is worried about an appeal? They took a month to reach their decision. Do you throttlenecks think she didn't research the law? A "could have resulted" doesn't reach the threshold of murder.

They would like to make it sound like a mafia hit job and that he sprayed the toilet with a gattling gun.

The TV lawyers have been shown to have been misinforming the dope viewers.

This is just CYA

MSM has a lot to answer for in firing up these Lynch Mobs.. but to be fair I know the Lynch Mob would manage to be stupid even without the shyster lawyers on TV

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

BTW people... I read that the sentencing requires ANOTHER court date....

After the verdict a date will be set

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

Yup, and most likely a mini trial after that with witnesses if there is a contested sentence. You didn't have any plans for Christmas did you lol?

Another thing I was impressed with though that didn't fool the threesome, they saw right through Fresco. This guy was a Emmy Award winning caliber liar.

AND... he has to apply to have bail extended if sentenced to prison, so he COULD go to jail tonight.

I think that unlikely.

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

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