Will the Oscar Pistorius trial ever end?

Even if he’s convicted, Oscar Pistorius could avoid prison

Stephanie Findlay
August 24, 2014

For 41 days the trial of Oscar Pistorius has consumed South Africa. It has been broadcast live on a 24-hour television channel, filled countless pages in newspapers and dominated water-cooler conversations. On Sept. 11, Judge Thokozile Masipa will finally give her verdict on this country’s fallen athletic star. If found guilty of the premeditated murder of his girlfriend, the Paralympic gold medallist will face a minimum of 25 years in prison. Should he be found guilty of a lesser murder charge, the 27-year-old could still spend years behind bars. But legal analysts who have been closely watching the murder trial say there’s a chance Pistorius may avoid jail altogether if he’s convicted.
[.....]
Still, there are a couple of ways by which Pistorius might avoid prison. First, if he is found guilty of culpable homicide—a charge his lawyer suggested in his closing argument. That would require the court to accept Pistorius’s claim that he thought there was an intruder in his house. There is no set sentence for culpable homicide, says Booth. The sentence is at the judge’s discretion. But in that event, says Booth, “there is a good chance he may not be imprisoned.”

The defence team also laid the groundwork for both an appeal and a “reviewable irregularity,” the term in South Africa for a type of mistrial, says Stephen Tuson, a criminal law adjunct professor at the University of the Witwatersrand in Johannesburg. Roux could appeal the verdict on the facts of the case, such as arguing witness evidence was accepted when it should not have been. He could also argue that the live broadcast of the trial constitutes a reviewable irregularity that denied Pistorius a fair trial, says Tuson.

Early in the trial, Roux hinted at pushing for such a reviewable irregularity. “We were unable to call a number of witnesses because they refused, and didn’t want their voices heard all over the world,” he said. (Private forensic pathologist Reggie Perumal, who attended Steenkamp’s autopsy, did not testify for the defence—a glaring absence as a major component of the state’s case is that the model and law graduate was up and eating hours before she died, a fact that conflicts with Pistorius’s story that the couple was sound asleep.)

Roux could also claim the live broadcast, a first for South Africa, resulted in witnesses changing their stories after watching the proceedings on television. “I’m not saying anyone did this, but witnesses could tailor their evidence,” says Tuson, “and if that’s the finding of the court—that Pistorius did not get a fair trial—then it would just start again.”

...more at link
http://www.macleans.ca/news/world/will- ... -ever-end/

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

What don't they get about his going to sleep? He would have no inkling where she went or what she did after he went to sleep. She could have got in her car and went to a restaurant and ate in the time there was between 10 PM and 3 AM for all he knew.

Once it's shown that she had knowledge of arming and disarming the alarm, (and it was crystal clear in testimony that she did from the complex manager) she could have roamed all over that house. In fact Oscar said she was awake when he woke up because it was so hot. It was her that asked him, whatsa matter my baba, can't you sleep? You have to be awake before you can ask cogent questions.

Duh.

It ought to dawn on the dullards that Oscar could have made all the pieces fit perfectly too in saying just that--but he didn't. He said he didn't think she went downstairs.

So much for all that convenient tailoring bs.

And to conclude that there was not enough reason for him to believe there was an intruder...

1. You would have to ignore the fact that there were extension ladders only feet away.

2. You would have to disregard that there was a break in with this identical method of entry through a second floor window which happened in HIS complex.

3. You would have to disregard the fact that the window was OPEN and witnessed by Stipp. Pistorius surely wouldn't have opened it himself if he was killing her to make himself more visible or to make her screams better able to be heard. And Stipp was the STATE's witness.

4. You'd have to actually believe that weeks or months in advance, he had planned to have the house painted as part of his plan to kill her and to give an excuse for all the alarm sensor beacons to be removed from the outside of the house so the alarm couldn't detect movement outside.

5. You would have to disregard the fact that his dogs were totally useless as guard dogs. The only thing they may have done is hump the intruders leg while they were trying to go up the ladder.


Call me crazy, but if this was all planned or coincidental, Columbo missed a good script for a great episode.

you know I had forgotten about those extension ladders. Believe me, if I lived in SA and was asleep in my bedroom with the windows open onto a veranda, I would have made sure those ladders were well hidden or put away.

I couldn't believe it when I heard they were out, any burgler could have used them.

_________________
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

Barry Roux: Police inefficiency to blame
2014-08-28 09:00



Johannesburg - Paralympian Oscar Pistorius's lawyer Barry Roux has lashed out at police inefficiency saying they were to blame for many criminals not being convicted, The Citizen reported on Thursday.

"There's tardiness, they don't take the docket to court - sometimes they don't take it because they sold it. Or sometimes they don't take it because they have misfiled it," Roux reportedly told law students at the University of Witwatersrand on Wednesday.

He said the biggest problem in South Africa was that people who committed crimes did so knowing "there's a fair chance they won't get caught – or, if arrested, won't get tried".

Roux called on police to "wake up".

He also criticised certain procedures in court that led to delayed justice.

"If justice is delayed long enough people don't show up anymore or simply forget what happened," he said.

...more at link
http://www.news24.com/SouthAfrica/News/ ... e-20140828

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

I do believe in speaking with others on the police in SA that I think there were massive mistakes made by them in this case, so I would go along with what Barry is saying.

I wonder like the others what will happen next in this case, will it finally end in the near future - let's hope so.

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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

We will soon discover what the verdicts are in this case.

Whatever happens it's obvious that Oscar Pistorius's life will never be the same.

_________________
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

Quite right, Wroughead......


The State vs Oscar Pretorius (Murder 1)



Trial Day 42 JUDGEMENT DAY

Start 9:30 AM Thursday (9-11-14)

9:00AM J/Burg ----> 3:00AM ET ----> 2:00AM CT ---->1:00AM MT ---->12:00AM PT

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

Looking forward to it.

_________________
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

Oscar Pistorius tense as judgment looms
2014-09-07 10:38

Cape Town - Paralympian Oscar Pistorius is clearly showing signs of stress after he reportedly lost his cool with journalists, outside his uncle’s house in Waterkloof, Pretoria, only days ahead of judgment.

According to the Sunday Times, Pistorius, who was charged with murder following the fatal shooting of his girlfriend Reeva Steenkamp on Valentine’s Day last year, was asked by Sunday Times journalists last week how he was coping.

Exploding in anger Pistorius asked how journalists could ask him he was coping. He could not believe that the media had the audacity to ask him. He said he could not deal with it right now.

It also emerged last week that Pistorius has now sold off most of the properties he owned. His Silver Woods Country Estate home, where Steenkamp was shot, was sold recently for R4.5m. Two other houses in Weeping Willow Estates in Equestria, Pretoria, were each sold for about R1m.

The sale of these properties has fuelled speculation that he is raising the cash for further legal fees in the event of being found guilty, reports the Sunday Times.

...more at link
http://www.news24.com/SouthAfrica/Oscar ... s-20140907

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

Pistorius verdict: Why the judge’s final word may take days to deliver
JOHANNESBURG — The Associated Press
Published Wednesday, Sep. 10 2014, 12:56 PM EDT
Last updated Wednesday, Sep. 10 2014, 1:31 PM EDT

Guilty or not guilty? The verdict in the Oscar Pistorius murder trial will not be delivered so simply.

Judge Thokozile Masipa will first recount and analyze the evidence given by each of the nearly 40 witnesses in the criminal case that captured considerable international attention. The verdict on whether Pistorius intentionally killed girlfriend Reeva Steenkamp is expected to take hours, maybe days.

...more at link (Includes link to Live Stream)
http://www.theglobeandmail.com//news/wo ... k=sf_globe

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

Oscar Pistorius Verdict Due Thursday: The Countdown Begins
By Associated Press
09/10/2014 AT 07:45 AM EDT

The judge in the Oscar Pistorius murder trial remained silent through months of court proceedings that caught the attention of the world.

On Thursday, however, she'll deliver a judgment that brings her to the forefront.

Judge Thokozile Masipa, 66, has sat on a dais in red robes throughout the televised trial, rarely interrupting the drama unfolding below as the prosecutor sought to prove that the Olympic athlete murdered girlfriend Reeva Steenkamp and defense lawyers argued that the shooting was a terrible mistake.

Pistorius could face 25 years to life in prison if convicted of premeditated murder. He could also be convicted of a lesser murder charge or negligent killing, both of which call for years in jail. The judge could acquit him if she believes the 27-year-old made a tragic error.

...more at link
http://www.people.com/article/oscar-pis ... 42251e5043

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

Looking froward to the verdict and the Good Judge's rendering of her decision. Is there a place I can watch it it live online? I'm guessing the same site that had the trial, I don't know if I'll be up at 3 am when it starts, but I imagine her judgement will still be going strong for hours. I wonder if she will get to her verdict in the first day.

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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

Lotsa links in the TRIAL thread..

viewtopic.php?f=105&t=1210&p=81421#p80308

Hard to know what works best until close to kick-off.... I generally follow on YT will post link when its up.

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

Okie dokie Thanks

If I'm awake we can have a drinking game

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

Rather than a drinking "game"... maybe just get drunk!

Sounds like it could be a loooooong drawn out thing.. may take days as Masipa addresses all the evidence and every witness testimony.

But... surely sanity will prevail and we can have a lot of fun laughing at "Justice4ons" and saying "I told you so"

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

Mark Williams-Thomas: Why I believe Oscar Pistorius is no murderer and Reeva's death was a tragic accident
Sep 10, 2014 21:00
Opinion, by MarkWilliams-Thomas

Watch: Award winning investigative journalist Mark Williams-Thomas is in South Africa to report on the Oscar Pistorius trial exclusively for This Morning. He is the only journalist in the world to get access to Oscar himself and he has spent the last few days in his company

I believe the shooting of Reeva Steenkamp was a tragic accident.

I am in no doubt that Oscar loved Reeva and had no intention to kill her. On that fateful morning he reacted instinctively.

Shooting when he heard noises and fearing he was being burgled.

I am the only independent observer who has heard Oscar’s personal account away from the courts.

And while some believe Oscar is guilty, I believe he genuinely thought an intruder was in his house.

His love for Reeva is clear and is evident in everything I have seen and heard from both him and those close to him.

He is a broken man but asks for no pity and his pain is clear to see. He doesn’t sleep and struggles to concentrate on the simplest of tasks.

...more at link
http://www.mirror.co.uk/news/world-news ... us-4197593

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

From what I've seen and heard throughout, also some of the expressions on the faces of those closest to OP, it has looked to me as if he's a broken man. I think I said way back in time at the start of the trial that even if he is not found guilty of murder, and is in fact acquitted of that crime - he whole life and career will never be the same because it has and it will continue to cast a shadow over him.

I've always thought this was just a horrible accident, we can all say the ifs and buts, and what we would do in similar circumstances, but at the end of the day I think you have to be faced with a situation to know in truth, what you would do.

If he's found guilty of murder he could get 25 years. SKY News is what I prefer to watch and they announced yesterday that they would be showing the Judge live today and presumably if she continues for a few days.

Time will tell.

_________________
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

Hi Wroughead.

Glad you made it.... but this could still take a couple of days.

I may be busy getting links to work etc... but feel free to post here... I'll catch up when I can.

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

I'll be using my Tablet downstairs as I watch the coverage - they said the court has been booked for 2 days and that the Judge's summing up and verdict is running to 100 pages!

_________________
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