_________________
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

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

Key players in the Oscar Pistorius trial
Profiles of the judge, the prosecutor and the defence lawyer in the trial of Oscar Pistorius, which starts on Monday
David Smith, Africa correspondent
The Guardian, Friday 28 February 2014 13.00 GMT

The judge:Thokozile Masipa

At the centre of the biggest media circus in South African legal history is a former crime reporter who was never short of stories during the dog days of the apartheid era. Masipa, top, was also a social worker after leaving school in 1976, and only completed her law degree at 43. In 1998 she became the second black woman on the Transvaal bench, and has spoken out strongly about violence against women in her judgments and twice handed down maximum sentences to men convicted of such crimes. One was in 2009 against Freddy Mashamba, a police officer who shot and killed his former wife after a row over their divorce settlement. "No one is above the law," Masipa said. "You deserve to go to jail for life because you are not a protector. You are a killer."

The second was in May against Shepherd Moyo, a serial rapist and burglar whose

sentence of 252 years was intended to serve as a deterrent, she said. "The worst in my view is that he attacked and raped the victims in the sanctity of their own homes where they thought they were safe."

The prosecutor: Gerrie Nel

Nel, middle, a career prosecutor with more than 30 years' experience, has handled some of South Africa's biggest cases and is unlikely to be disconcerted by the spotlight. He has known worse. In 2008, when he was prosecuting Jackie Selebi, the country's most senior police officer and later president of Interpol, Nel was arrested by 20 police officers in front of his wife and children in the early hours one morning. Fraud charges against him were later dropped and, two years later, Nel secured a corruption conviction against Selebi, who was sentenced to 15 years behind bars. "Everything he touches turns to gold," Mthunzi Mhaga, a former national prosecuting authority spokesman, told South African media.


The defence: Barry Roux

In a case being compared to the OJ Simpson trial before it even opens, South Africa's answer to the charismatic American defence lawyer Johnnie Cochran is Barry Roux, bottom, who will strive to prevent Pistorius from going to jail. Roux was admitted to the Johannesburg bar in 1982 and is a senior advocate with a colourful history of clients. – including Dave King, a Scottish-born businessman and former Rangers football club director who risked jail for ignoring the biggest tax bill in South African history. It is speculated that Roux could be earning around 50,000 rand (£3,600) a day. He stole the limelight during Pistorius's bail hearing when he tore into the evidence of the lead detective Hilton Botha. "This is like watching a baby seal getting clubbed," one South African journalist tweeted.

http://www.theguardian.com/world/2014/f ... rius-trial

_________________
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

_________________
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

_________________
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

Copy of Oscar Pistorius’ affidavit
(Presented at bail hearing)

Complete affidavit - Gretawire 2/19/13
http://gretawire.foxnewsinsider.com/201 ... k-to-read/

Part affidavit - TalkLeft
http://www.talkleft.com/legal/bailaffidavit.pdf



Section dealing with Pistorius version of events


16. MERITS

16.1 My legal representatives have explained the provisions of Section 60(11) of the Act to me. I respectfully make the following submissions in this regard:

16.2 I have been informed that I am accused of having committed the offence of murder. I deny the aforesaid allegation in the strongest terms.

16.3 I am advised that I do not have to deal with the merits of the case for purposes of the bail application. However, I believe that it is appropriate to deal with the merits in this application, particularly in view of the State’s contention that I planned to murder Reeva. Nothing can be further from the truth and I have no doubt that it is not possible for the State to present objective facts to substantiate such an allegation, as there is no substance in the allegation. I do not know on what different facts the allegation of a premeditated murder could be premised and I respectfully request the State to furnish me with such alleged facts in order to allow me to refute such allegations.

16.4 On the 13th of February 2013 Reeva would have gone out with her friends and I with my friends. Reeva then called me and asked that we rather spend the evening at home. I agreed and we were content to have a quiet dinner together at home. By about 22h00 on 13 February 2013 we were in our bedroom. She was doing her yoga exercises and I was in bed watching television. My prosthetic legs were off. We were deeply in love and I could not be happier. I know she felt the same way. She had given me a present for Valentine’s Day but asked me only to open it the next day.

16.5 After Reeva finished her yoga exercises she got into bed and we both fell asleep.

16.6 I am acutely aware of violent crime being committed by intruders entering homes with a view to commit crime, including violent crime. I have received death threats before. I have also been a victim of violence and of burglaries before. For that reason I kept my firearm, a 9 mm Parabellum, underneath my bed when I went to bed at night.

16.7 During the early morning hours of 14 February 2013, I woke up, went onto the balcony to bring the fan in and closed the sliding doors, the blinds and the curtains. I heard a noise in the bathroom and realised that someone was in the bathroom.

16.8 I felt a sense of terror rushing over me. There are no burglar bars across the bathroom window and I knew that contractors who worked at my house had left the ladders outside. Although I did not have my prosthetic legs on I have mobility on my stumps.

16.9 I believed that someone had entered my house. I was too scared to switch a light on.

16.10 I grabbed my 9mm pistol from underneath my bed. On my way to the bathroom I screamed words to the effect for him/them to get out of my house and for Reeva to phone the police. It was pitch dark in the bedroom and I thought Reeva was in bed.

16.11 I noticed that the bathroom window was open. I realised that the intruder/s was/were in the toilet because the toilet door was closed and I did not see anyone in the bathroom. I heard movement inside the toilet. The toilet is inside the bathroom and has a separate door.

16.12 It filled me with horror and fear of an intruder or intruders being inside the toilet. I thought he or they must have entered through the unprotected window. As I did not have my prosthetic legs on and felt extremely vulnerable, I knew I had to protect Reeva and myself. I believed that when the intruder/s came out of the toilet we would be in grave danger. I felt trapped as my bedroom door was locked and I have limited mobility on my stumps.

16.13 I fired shots at the toilet door and shouted to Reeva to phone the police. She did not respond and I moved backwards out of the bathroom, keeping my eyes on the bathroom entrance. Everything was pitch dark in the bedroom and I was still too scared to switch on a light. Reeva was not responding.

16.14 When I reached the bed, I realised that Reeva was not in bed. That is when it dawned on me that it could have been Reeva who was in the toilet. I returned to the bathroom calling her name. I tried to open the toilet door but it was locked. I rushed back into the bedroom and opened the sliding door exiting onto the balcony and screamed for help.

16.15 I put on my prosthetic legs, ran back to the bathroom and tried to kick the toilet door open. I think I must then have turned on the lights. I went back into the bedroom and grabbed my cricket bat to bash open the toilet door. A panel or panels broke off and I found the key on the floor and unlocked and opened the door. Reeva was slumped over but alive.

16.16 I battled to get her out of the toilet and pulled her into the bathroom. I phoned Johan Stander (“Stander”) who was involved in the administration of the estate and asked him to phone the ambulance. I phoned Netcare and asked for help. I went downstairs to open the front door.

16.17 I returned to the bathroom and picked Reeva up as I had been told not to wait for the paramedics, but to take her to hospital. I carried her downstairs in order to take her to the hospital. On my way down Stander arrived. A doctor who lives in the complex also arrived. Downstairs, I tried to render the assistance to Reeva that I could, but she died in my arms.

16.18 I am absolutely mortified by the events and the devastating loss of my beloved Reeva. With the benefit of hindsight I believe that Reeva went to the toilet when I went out on the balcony to bring the fan in. I cannot bear to think of the suffering I have caused her and her family, knowing how much she was loved. I also know that the events of that tragic night were as I have described them and that in due course I have no doubt the police and expert investigators will bear this out.

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

Pistorius Trial: Opening - Defence Read Pistorious Statement





This is an edited version of murder accused Oscar Pistorius’s plea explanation.
http://www.iol.co.za/news/crime-courts/ ... xab_s4xjB0

I, the undersigned, OSCAR LEONARD CARL PISTORIUS, hereby furnish the following explanation of plea with reference to the charges to which I plead not guilty:

COUNT 1

MURDER – READ WITH THE PROVISIONS OF SECTION 51(1) OF ACT 105 OF 1977:

1. In this formulation of this count, the State has contended that I unlawfully and intentionally killed Reeva Steenkamp (“Reeva”).

2. This allegation is denied in the strongest terms. In fact, at the time of the tragic accident which led to Reeva’s death, we were in a loving relationship.

3. While I admit that I inflicted the fatal gunshot wounds to Reeva, this occurrence was indeed an accident in that I had mistakenly believed that an intruder or intruders had entered my home and posed an imminent threat to Reeva and me.

4. In my application for bail, I concisely dealt with the events of February 14, 2013. I am advised that I will have an opportunity to deal with a comprehensive version of the events when I testify. For purposes of my plea explanation, I emphasise the following:

4.1 During the early hours of the morning, I brought two fans in from the balcony. I had shortly before spoken to Reeva, who was in bed beside me.

4.2 Unbeknown to me Reeva must have gone to the toilet in the bathroom at the time when I brought in the fans, closed the sliding doors, the blinds and the curtains.

4.3 I heard the bathroom window sliding open. I believed that an intruder or intruders had entered the bathroom through the bathroom window, which was not fitted with burglar bars.

4.4 I approached the bathroom, armed with my firearm, so as to defend Reeva and I. At that time I believed Reeva was still in the bed.

4.5 The discharging of my firearm was precipitated by a noise in the toilet, which I, in my fearful state, knowing that I was on my stumps, unable to run away or properly defend my self physically, believed to be the intruder/s coming out of the toilet to attack Reeva and me.

5. I respectfully believe that the State has no basis whatsoever for alleging that I wanted to take Reeva’s life. I will demonstrate hereunder, that, notwithstanding, the fact that all the objective evidence will corroborate my version of the events. The State has embarked on a strategy to rely on unsubstantiated allegations in an endeavour to prove that I wanted to kill Reeva.

6. The strategy was also employed at my bail application. I will hereunder concisely deal with some of the material aspects to support my contention herein.

7. At my bail application, the State, inter alia contended that I had deliberately shot Reeva, while I was positioned at a distance of about 1.5m from the toilet door and while I was standing on my prosthesis. The allegation with reference to 1.5m and me wearing my prosthesis, was clearly designed to suggest that I had pursued Reeva to the toilet and that I therefore knew that Reeva was in the toilet, thus that I did not entertain any fear at a time, when it is alleged that I entered the bathroom.

8. The State has also, by means of the evidence of the then investigating officer, Hilton Botha, sought to rely on a statement by a witness whom I have been told is a certain Estelle van der Merwe, who claims to have heard what sounded like a woman’s voice prior to the shooting, talking non-stop like fighting. The witness did not say that the alleged talking came from Reeva nor that the sound so mentioned, emanated from my house.

9. The statement, it would appear, offered an opportunity for the State to contend at the bail hearing that there may have been an argument between the applicant and the deceased and the evidence might point in that way. This witness has since deposed to a further statement, which materially contradicts her first statement.

In the further and better particulars, the State disavows reliance on the first statement. The State has also conceded in the further and better particulars that it is not aware of any of the detail regarding the (alleged) argument and that may become clear during the trial.

10. Van der Merwe’s house is located approximately 105m from my bedroom, with my bedroom and bathroom windows facing in the opposite direction to Van der Merwe’s house. It would not have been possible for Van der Merwe to have heard anyone talking from my bedroom in their bedroom.

The State is furthermore in possession of statements by a number of witnesses, including witnesses resident either in the estate where I reside, or in an adjacent estate.

None of these witnesses claim to have heard any argument between Reeva and I, nor any woman’s voice talking, prior to the shooting, notwithstanding the fact that two of the witnesses (who live in closer proximity to my house than Van der Merwe) were awake at the time when Van der Merwe alleged that she heard a woman’s voice.

11. I refer to the above, as the State now alleges in the further particulars provided, that there was in fact an argument between Reeva and I and that I killed Reeva “because of the argument”. I am unable to comprehend on what basis the State (at the bail application), could only rely on a possibility of an argument between Reeva and I, and now, with even less available evidence, (by disavowing van der Merwe’s first statement), allege that there was in fact an argument and that I shot Reeva “because of the argument” .

12. I deny this allegation and reiterate that there is no justification, whether legally or factually, for this unfair and incorrect allegation to have been made. The aforesaid allegation is also not supported by any of the statements disclosed to me by the State.

13. Furthermore, contrary to what was contended for by the State during the bail application, the State has now conceded that it cannot be contended as a fact that I was 1.5m from the toilet door and that I had my prosthesis attached at the time when I discharged the firearm, anymore.

14. The unfair approach adopted by the State is further evident from the evidence given by Hilton Botha at the bail application, whose evidence will be demonstrated to have been false in material respects.

More particularly, that it was designed to falsely incriminate me on an allegation of premeditated murder. It will also be demonstrated during this trial, that while Botha was the investigating officer and tasked with preserving the scene, that the scene was contaminated, disturbed and tampered with. This feature of the State’s case will be dealt with when Botha, among others, gives evidence.

15. I have been led to understand that it is unusual to challenge the State’s case in my plea explanation to the extent that I do herein. However, I am left with no alternative but to explain my innocence with reference to the allegations levelled against me. The aforegoing will be exposed by having regard to the State’s intended approach in this trial.

This approach is to not only seek to unfairly draw inferences from purported statements of fact, which are not supported by the objectives, but also, by virtue of the statements disclosed to me by the State, to seek to introduce inadmissible character evidence under the guise that such inadmissible evidence would be admissible similar fact evidence. (This) to demonstrate that there was an alleged nexus between the (inadmissible) character evidence and the (non-existing) argument which allegedly led to me killing Reeva.

16. I am furthermore advised that, as the State is aware of the fact that it has no evidence to prove an alleged argument, and in particular, in view of the fact that the State has conceded that it does not know what the features or import of such alleged argument would have been, the only intended purpose of an attempt to introduce inadmissible character evidence would be to engineer and bring about an inadmissible attempted assassination of my character.

I am advised that during the conduct of the trial my legal representatives will object to the introduction of such inadmissible character evidence, on the basis as stated above.

17. I respectfully state that no truthful evidence can ever be tendered that I fired shot, “because of an argument”. I deny this allegation in the strongest terms because there was no argument.

18. The allegation that I wanted to shoot (or kill) Reeva, cannot be further from the truth.

COUNT 2

CONTRAVENTIONS OF SECTION 120(7) OF THE FIREARMS CONTROL ACT NO 60 OF 2000:

ALTERNATIVELY, TO COUNT 2 CONTRAVENTION OF THE SECTION 120(3)(b) OF THE FIREARMS CONTROL ACT NO 60 OF 2000:

19. The allegations as formulated in the indictment with reference to this count, and the alternative count thereto, are denied.

COUNT 3

CONTRAVENTION OF SECTION 120(7) OF THE FIREARMS CONTROL ACT NO 60 OF 2000:

FIRST ALTERNATIVE TO COUNT 3: CONTRAVENTION OF SECTION 120(3)(a) OF THE FIREARMS CONTROL ACT NO 60 OF 2000. SECOND ALTERNATIVE TO COUNT 3: CONTRAVENTION OF SECTION 120(4)(a) OF THE FIREARMS CONTROL ACT NO 60 OF 2000:

20. I admit that while I was in possession of the firearm as alleged, a shot went off. Save as aforesaid, the remaining allegations as contained in this count are denied.

COUNT 4

CONTRAVENTION OF SECTION 90 OF THE FIREARMS CONTROL ACT NO 60 OF 2000:

21. I admit that at all times relevant to this count, I had not been issued with a licence to possess .38 calibre rounds of ammunition. Save as aforesaid, the remaining allegations as contained in this count are denied.

OLC PISTORIUS
ACCUSED

_________________
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

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

Timeline


1:56 AM
Werwe heard what sounded like a woman's voice on one side of an argument, that "lasted an hour".

2:20 AM
Security check (Baba) at Oscar's house; everything was normal

3:08 AM 1st set of bangs
(Christo Menelaou woke with a start. He’d heard what sounded like three thunderclaps.)

3:00 - 3:15 AM
Stipp was woken up by 3 "shots" and got up and went to balcony to see where it was coming from

3:02? AM
Annette Stipp heard 3 sounds she believed to be gunshots Says clock was 3-4 minutes fast

3:00 - 3:17 AM
Stipp reports he heard a woman "screaming or yelling" 2 or 3 times

Prior to 3:16 AM (phone call)
Mrs Nhlengethwa heard a bang. After that, Mr & Mrs Nhlengethwa heard "loud cries" from a man.
Mrs Nhlengethwa also heard "help help help"
(Mr & Mrs Nhlengethwa seem to have heard last gunshot, but not the bat on door after 3:17)

3:15 AM
Burger and Johnson awoke to the sounds of loud screams they identified as coming from a female

3:15- 3:16 AM
Burger and Johnson report they heard yelling "help, help, help"

3:15:51 AM
Dr Stipp call to Baba lasted 16 seconds. Stipp reported the shots and asked security to investigate

3:16:13 AM
Call (16 seconds) to security land-line (caller Mr Nhlengethwa )

3:16:36 AM
Call (44 seconds) to security land-line (caller Mr Nhlengethwa)

3:16:?? AM
Johnson calls wrong security number (to report screams)

3:17 AM (Approx) 2nd set of bangs

3:17 AM
Burger and Johnson heard "3 or 4" sounds they believe to be gunshots

3:17 AM
Stipp heard "2 or 3" additional "shots"

After 3:17 AM
Werwe heard "loud crying" that she initially thought was a woman, but her husband identified the voice as Oscar Pistorius

3:17 AM (ish)
Ria Motshuane (and husband, Ken?) awoke to man "loud crying in pain" (wail). She puts time at 5 -10 minute before she looked out and saw Stander's "Mini Cooper" (so around 3:17)

3:19 AM
Oscar calls the estate manager Mr Stander

3:20 AM
Oscar calls Netcare and reports that they advised him to take Reeva to the hospital and not wait for the ambulance

3:21:33AM
Oscar calls security - only crying is heard

3:22:05 AM
Baba PHONED Pistorius BACK and Pistorius indicated that he was fine

After 3:17 AM (possibly 3:27?)
Stipp calls security for the second time and then hears Oscar screaming "help, help, help"

??? AM
The estate manager Mr Stander arrived at Pistorius's house with his daughter.

3.26 AM
Baba didn't enter Pistorius's house because Stander was standing at door. Lights were on in the house. Baba left to call the police and paramedics.

??? AM
Stipp arrived and said Pistorius had his fingers in Steenkamp's mouth in an attempt to revive her breathing but it soon became clear that she was "mortally" wounded.

3:28 AM
Both Stander and Stipp are at Oscar's house; Stander calls ambulance from Stipp's phone

03:42
Paramedics arrived

3.55 AM
Col Rensburg arrived on scene. Ambulance already there

3.59 AM
Stander estimates Police arrived ( at time he phoned OP's brother)

4:15 AM
Botha arrives

Note:
During Stipp's testimony, in a verbal exchange with Nel and Roux addressing the Court, Nel did explain that "The State's Case" was that there was ONE SET OF GUNSHOTS at 3:17... heard by various witnesses. Reeva was screaming before that (but not after)
He did not offer any explanation about what the first bangs could have been.
It seems to me that he is then conceding that at least SOME of the "Woman's screams" reported (after 3:17) were not Reeva at all... must have been Oscar if they came from his house? Confirms that witnesses are WRONG about some screams.
It seems he will claim the cricket bat came first? Which would seem to be at odds with the evidence??

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

This is how a Black Talon ammunition bullet looks like,before and after

_________________
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

Oscar Pistorius Door: Cricket Bat v Gunshot Sounds - Analysis




The author of the now famous Youtube demonstration of cricket bat hitting door sounds as written answering critics at True Gossip Forums etc

Alexander Jason - Sound Test (pdf)
http://www.alexanderjason.com/SoundTest.pdf

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

The Courtroom Toilet

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

Close up Screen-shot of door in court showing bullet holes



Trajectories
.........

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

Another door photo




Bullet holes Closeup

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