Well I think Roux has more class, and will get stuck in too.

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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

If he don't, he should be sanctioned for malpractice. Roux is too much of a "gentleman" lawyer and it has frustrated me from shortly after the start of the trial.

He did great work on Botha at the bail hearing, which there is no video of. But he really needs to come on like a badger digging for a dung beetle here.

This "commissioner" needs to be referred for a mental screening.

Defence lawyer Barry Roux is cross examining Modise

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

Masipa credited Roux with the "Happy Birthday" I bet Nel is pissed.

Roux fed up with this jerk claiming to "Know nothing" has given him half an hour to get on the friggin phone and FIND OUT!!!

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

So SA prisons are quite safe.. until people get raped and killed, then they are not and they lock them down and fix.

Not so good if you are the one raped and killed just before the fix is applied.

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

Inmate who stabbed Hani’s killers warns Oscar
March 5 2014 at 07:45am
By Valeska Abreu

Pretoria - The prisoner who stabbed Chris Hani’s killers at the Kgosi Mampuru Prison has issued a strong warning to Oscar Pistorius. “Anyone who thinks they can come here and live like a king, will have a hit on their head.”

The “General” of the feared 26s prison gang, Khalil Subjee, said should the Paralympic athlete be convicted and jailed for the murder of his girlfriend Reeva Steenkamp, his wealth would not buy him a lavish prison lifestyle – instead he would “be taken out”.

Speaking from a prison call box on Tuesday, Subjee, 47, said: “If he thinks he is going to come here and buy his way to get computers and cellphones and a lavish lifestyle, he must know that will never happen for as long as I am around,” said the man who claims to control all the inland prisons.

Subjee, who has been in and out of prison for the past 33 years, has also warned that after last week’s attack on Clive Derby-Lewis and Janus Walusz, the Waterkloof Two – Christoff Becker and Frikkie du Preez – are next on his hit list.

...more at link
http://www.iol.co.za/news/crime-courts/ ... D-Molfp9uh

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

Roux cross examines like Romney ran for president--no energy, no fire. He drives me crazy.

This is not a witness to be treated with wishy-washy questions and rambling answers. Roux should tear into him like a lion does a gazelle instead of apologizing for what he may not understand is correct.

This guy is coming off like a cocky smart aleck and even Parliament is looking into the abuses. And Roux is getting calls from wardens for Christ sake.

He just won't get out of second gear. He drives me crazy.

Pace yourself, aavi. He is sly like a fox. Shakesperean type Mark Anthony in "Julius Caesar".. or Portia in "Merchant of Venice"

Roux is giving guy the rope to hang himself

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

I agree RT, it might be interesting after the break.

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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

I will stand on my analysis. Throughout the trial, countless times Roux failed to object and let Nel verbally waterboard a witness with repeated questions that were the same one five-six-seven times. Or in the case of the extension cord that went poof, he didn't utter a word about sanctions, which was a premier instance where they should have been called for.

I'll give him his due in a few issues which he snookered Nel. But on the whole, it was the evidence that has gotten Oscar's verdict. Any dufus looking at it with an open mind should have been able to tell it was like something from a fiction novel--a bad one.

Masipa is the sly fox in this case.

I have to concede, aavi... Roux was in fact a bit useless with that witness lol

Roux's initial cross examinations of Nel's witnesses were good.. set up some stuff.

Roux's closing argument was good. He made a lot of points I (and you and others) had been making throughout. Roux most likely got his ideas for closing arguments by reading here

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

I see tweets about Oscar's family being uncomfortable about thugs sitting on their side of court.


From Daily Mail.... They may belong to Nel... figures.


http://www.dailymail.co.uk/news/article ... nkamp.html

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

Khatija Nxedlana@its_KhaTija
Aimee Pistorius in tears after court. According to Pistorius's, Schultz mouthed to Aimee "F*** you"

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

This is very bad indeed and very uncomfortable for them.

I say again, no-one who is possibly going to give evidence should be sitting in the public benches.

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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

I didn’t watch as much of the trial as most folks here, but I did watch quite a bit and I am watching the pre-sentencing. I think Roux is very aware of who he has to persuade and that is Judge Masipa and her assessors, I think the fruit of his style of questioning is in the verdict.

Masipa was a social worker, one assessor a defense attorney and one a newly minted law specialist. All three come from a very open minded, read, “defense friendly” mindset. They follow the letter of the law, without involving emotions or personal attachments. IMO if the judge can dismiss testimony against a defendant she follows the law and does so, period.

I think Nel’s bully arrogant style has hurt him and Roux’s, gentlemanly style has helped Oscar’s case. Justice is supposed to be blind and Masipa it seems tries very hard to achieve this goal. Masipa from her past words and sentencing is willing to accept that some people are not rehabilitatable but rather need severe punishment and she is not afraid to punish them. She is also willing to entertain rehabilitation for first time offenders.

Oscar, because this is a case of negligence and he is a first time offender is a good candidate for rehabilitation which Masipa knows will not be achieved in prison. Prison conditions are something that Masipa is aware of, she is allowed to use her professional knowledge and wisdom that she has gained after years of working within the system. Roux will need to do little to reinforce Masipa’s professional knowledge of the prison system. Roux is simply playing it smart.

If Sam Taylor testifies I expect Roux will reveal her for who she is. I would like to see Roux ask her to reveal her scars that Oscar left by pinching and biting her. I think Sam would be a terrible mistake for Nel to put on the stand. Masipa is a sharp cookie and Roux doesn’t insult her, he gives her what she legally needs to form her opinion and he moves on.

On an aside I thought Roux was genius in asking Kim about the public apology from Oscar. I fully suspect that the original apology letters from Oscar which the Steemkamps attorney told them not to accept will be turned in as evidence as proof of Oscar's remorse. Kim added nothing of lawful substance to the aggravating circumstances that the judge will consider in her sentencing and the apology letters have now been introduced to the court due to the prosecution. Nel may have once again sabotaged his own case.

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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

Seems Nel required 2+ hours to prepare non-existent witness... just more time wasting crap from Nel.

Of course they cant start closing argument today!! Why not?

Nel is the Yoda of time wasting.. the force is strong within him.

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

I am not joking when I say that this trial has left me with overall feeling that NEL is guilty of something. A very nasty man. Abusive to say the least. And he has had the cheek to abuse several people openly in Court in front of a judge. If anybody deserves a custodial sentence.. it is Nel.

It is ludicrous to propose that sending OP to prison will serve any purpose other than REVENGE. The counter argument to simply doing that is that it will most likely result in FAR MORE revenge than is warranted. Extreme suffering, perhaps death for OP.
I know Reeva's cousin wants him locked up, almost certainly rest of Reeva's family do to. Most families want revenge (initially). Courts do take that into consideration, but do normally temper that sort of "Biblical" punishment with a more reasoned approach to Justice.

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

Hi Rumpole and everyone else

Sorry I missed you I had to run out for a minute. I'm still listening to the witness after Kim today. All this nonsense about how prisoners are treated humanely basically "to the best of our abilities and facilities" is the answer. The department did not deny that they are overcrowded, that murders and rapes take place. And Roux is going to pound home particular psychological state, the physical vulnerabilities, the particular and peculiar detriment of celebrity in prison, and the target that the prosecutor has painted on Oscar's back by continuing to promote the idea that this was a malicious premeditated murder.

It seems that this witnesses best answer is that "gangsterism" is rampant everywhere in prisons, even in the Americas. Man O man this poor guy refused to take legal responsibility for Oscar's well being if he is incarcerated, he would only say that the system has the facilities to accommodate his disability.

Another swing and a miss by Nel.

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

I have listened to the first 1:30 hours of National Active Commissioner for Corrective Services Zacharira Modise’s testimony.

Modise is appearing a bit incompetent. He is unaware of specific threats against Oscar (using the prison call box yet) made by Kahilil Subiee the “general” of the infamous 26 gang and Modiise giggled when Roux was asking him about a stabbing Subiee committed while incarcerated.

Modise concedes that there has been an increase in reports of torture and assault by prison officials.

Roux commends Modise’s department of correctional supervision and poor Modise is caught between a rock and a hard place and has to admit that the supervision department of prison is doing well.


Roux then gets Modise to state that he is a great supporter of the White Paper which reads in part clause 11.5.2 The courts need to make a greater commitment to consider the individual circumstances of each offender and in this instance the court should consider imposing noncustodial sentences for disabled offenders. The department should also use the system of ongoing assessments to consider referrals depending on the nature of the crime to call for conversion of sentences of disabled offenders to correctional supervision and community service.


Modise reply; What we do My Lady after our assessment and importantly applying our minds to the nature of the crime we advocate non custodial sentences, so for us the nature of the crime, but also importantly is to establish as to where the person who committed the crime has developed insight in his offending behavior. That’s what this is all about to develop insight, and thereafter to place this person outside.


Roux could not have hoped for a better answer if he worded it himself. Insight into their offending behavior? My Lady, here are the letter’s Oscar wrote to the Steemkamps, you can read for yourself about Oscar’s insight and remorse (remorse indicates insight into error). Also Oscar sat in the box and said he never wanted to touch another gun for the rest of his life. Oscar is a man besieged with insight into his fault in the death of Reeva.


And no baths in the normal prison section? So what the hell was Nel going on and on about badgering the witness yesterday? Out of respect for the process, I’m really trying to believe that Rumpole is wrong (sorry Rumpole ) about Nel having a malicious intent but the more I hear the more I think Nel has some real problems. Again neither My Lady or the assessors will smile upon Nel’s shenanigans.


A phrase that Roux used is “Taking on Mr. Pistorius’ situation” I suspect this will be a reoccurring theme.


Nel really should have prepared Modise better. I mean it took 30 minutes for the Roux to get the information that Oscar would be in the hospital section and not the “normal” section of the prison and then the poor chap knew barely a thing about the hospital section.


And then there is the pained looking Roux, speaking almost as if to to a dull child

“You’re a very important person I don’t want to cross examine you on things that you don’t know. Maybe if we ask the court for a bit of an early adjournment maybe just find out more information about the health facility or the hospital section, then I can ask you about that. Can you do that? If the court would permit me?

Modise, “My lady if it is in the courts consideration I would like that.”


I did laugh out loud when the poor Modise said I’m not aware that I am wasting the courts time.

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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,



You make some sound points there.

We're looking at a very desperate Nel, treading water whilst the boats sailing in the opposite direction.

It's quite fitting that towards the end of the trial, after all the rudeness and arrogance Nel has inflicted upon professional defence witnesses daring to come to court unprepared, here stands one of his own who is nothing short of clueless when it comes to knowledge of day to day life in a prison environment. I have some sympathy that he was called at fairly short notice, however Nel seems prepared to use people at any cost to satisfy his own ego. It's more than a little worrying that a prosecution advocate has absolutely no interest in the welfare of others.

Nel makes for a good theatrical showman. which the media obviously love to fawn over. but when pitted against a high calibre advocate he shows us just how woefully inept he really is.