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PostPosted: Thu Jan 21, 2016 11:52 am 
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Pistorius murder judgment 'rests on three errors of law'

South Africa
Tuesday 12 January 2016 - 3:31pm
- Africa News Agency

https://www.enca.com/south-africa/pisto ... errors-law
(excerpts)

CAPE TOWN - Oscar Pistorius’s legal team has contended that the Constitutional Court should “in the interests of justice” grant the paralympian leave to appeal the Supreme Court of Appeal (SCA) judgment.

In papers filed on Monday, a member of Pistorius’s legal team, Andrew Fawcett, said the SCA judgment “rests on three errors of law”.
-=-=-=-=-=-

In the papers, Fawcett argues the application for leave to appeal has two main bases – that the SCA “exceeded its limited jurisdiction” and acted “unlawfully and unconstitutionally when it rejected the factual finding of the trial court and replaced it with a contrary finding of its own”.

Fawcett further contends that the “SCA’s exceeding of its jurisdiction in this regard goes to the very heart of its decision that the applicant was guilty of murder”.

He argues that if the SCA had adhered to the factual findings of the trial court, “it would necessarily have concluded that the requirements of putative private defence were met and that accordingly no murder conviction could follow”.

The second basis of the proposed appeal argues that the SCA judgment rested on “three errors of law”.

Fawcett argues that “the SCA applied only the first component of dolus eventualis (foresight and reconciliation) and failed to appreciate the inextricable relationship between the first component of dolus eventualis (foresight and reconciliation) and the second component of dolus eventualis (knowledge of unlawfulness)".

The papers further state that the dolus eventualis finding did not take into consideration whether Pistorius had acted with the “requisite knowledge of unlawfulness”.

And Fawcett contends that the SCA “reintroduced the defunct presumption that an accused intends ‘the natural and probable consequences of their actions’ when it (impermissibly) reconsidered putative private defence”. This, too, was an error of law, he argues.

Constitutional issues have also come to the fore. Fawcett argues that the SCA exceeded its jurisdiction, and that Pistorius’s right to a fair trial and his right against double jeopardy were also constitutional issues.
______________

For the full article click on the link.

For more information on the part about the “requisite knowledge of unlawfulness” there are a series of articles by Dr Roché Steyn that go over the point. The very first article on it was written right after the ruling on December 2, 2015.

Here is the link to the December 2, 2015 article and then the first of a series of 5 further articles:

Oscar Pistorius: What is the Essential 'Missing Link' in Dolus Eventualis?

Opinion
Wednesday 2 December 2015 - 9:43pm
Contributors: Dr Roché Stey

https://www.enca.com/opinion/oscar-pist ... eventualis

Oscar Pistorius: Is the 'Link' in Dolus Eventualis still Missing?

Opinion
Thursday 7 January 2016 - 4:15pm
Contributors: Dr Roché Steyn

https://www.enca.com/opinion/oscar-pist ... ll-missing


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PostPosted: Thu Jan 21, 2016 2:01 pm 
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Fawcett argues that “the SCA applied only the first component of dolus eventualis (foresight and reconciliation) and failed to appreciate the inextricable relationship between the first component of dolus eventualis (foresight and reconciliation) and the second component of dolus eventualis (knowledge of unlawfulness)".

The papers further state that the dolus eventualis finding did not take into consideration whether Pistorius had acted with the “requisite knowledge of unlawfulness”.


This is the heart of the case. Oscar's state of mind was the heart of his defense, how the SCA can come in and overrule a presiding judge's decision on this matter of fact rather than matter of law is beyond me.

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PostPosted: Thu Jan 21, 2016 2:18 pm 
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The person that stands out int this case has having Malice in abundance, with full knowledge that what he is doing is EVIL... is...

Heri Nel (Dolus Nelus)

I suspect June Steenkamp is a close second.

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PostPosted: Thu Jan 21, 2016 2:20 pm 
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IMO Nel decided the entire narrative before he got the facts, he has been a spiteful and agenda driven prosecutor. June Steemkamp lost her daughter and is likely still in the fog of grief, I still hold no animus toward her even if she blames Oscar completely (it is his fault) or do I blame her for not being able to see outside of the fog of grief or the smoke and mirrors of the way Nel is leading her.

That said I think it is unconscionable that a case of lunacy where there is no evidence, zip zero nada of a violent fight, a verbal fight, any abuse of Reeva Steemkamp having ever happened being twisted into what it has been twisted into by Nel.

Reeva either died in fear of a stranger or in fear of Oscar either one is horrible. One holds Reeva having some hope that Oscar was defending her, the other has Reeva being hunted down by the man she loved. NEl is responsible for painting the latter picture in June's head as the evidence surely didn't.

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PostPosted: Mon Mar 07, 2016 11:35 am 
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South African Court Denies Oscar Pistorius' Bid To Appeal Murder Conviction
By Laura Wagner | NPR | March 3, 2016


Signaling a possible end to a years-long legal saga related to Oscar Pistorius' killing of his girlfriend in 2013, South Africa's highest court denied the Paralympic champion's request to appeal his murder conviction.

"We can confirm that Oscar Pistorius' leave to appeal has been denied," National Prosecuting Authority spokesman Luvuyo Mfaku said, according to Reuters.

The case will now proceed to sentencing, with a hearing scheduled for April 18.

More at link: http://www.npr.org/sections/thetwo-way/ ... conviction


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PostPosted: Mon Mar 07, 2016 12:36 pm 
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Thanks Molly. So it is over with for Oscar and he can only lean on the mercy of the court. I still think it was an accident and that Nel is a despicable person who painted and planted a false narrative in the minds of grieving parents.


I can see where this is a just conclusion in accordance with SA Law. Oscar with his insecurities and hyper vigilance and his experience with rushing into a room with a gun when a fan had fallen over should have gotten some anxiety treatment before that horrible night. Never, ever, fire a gun unless you intend to kill, never ever fire a gun unless you know with absolute certainty that you know where all household members are located. Oscar broke the cardinal rule of gun ownership. Why he broke that rule is not enough to absolve him of taking the entirety of Reeva's life.

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PostPosted: Tue Apr 19, 2016 4:06 pm 
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Pistorius now has 8 weeks to avoid 15-year jail term
By Barry Bateman | Eyewitness News, South Africa| April 19, 2016


PRETORIA – Convicted murderer Oscar Pistorius now has eight weeks in which to prepare his argument to avoid a jail term of up to 15 years.

The former athlete made a brief appearance in the High Court in Pretoria yesterday where the matter was postponed until June.

[...] It was a scene all too familiar, Pistorius dressed in a smart black suit and black tie with his father Henke and sister Aimee in the public gallery to support him.

It’s being reported that Pistorius was hospitalised over the weekend because of a serious bout of flu, however he appeared composed in during the brief proceedings.

The former athlete has entered the final straight, with state and defence legal teams agreeing to hear sentence argument in the week of 13 June.

More at link: http://ewn.co.za/2016/04/19/Oscar-Pisto ... -jail-term


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PostPosted: Mon Jun 13, 2016 2:28 am 
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Oscar Pistorius Murder Sentencing - Monday, 4:00AM ET

Article and LIVE Stream: http://www.enca.com/south-africa/catch- ... sentencing

Livestream: Oscar Pistorius murder sentencing



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PostPosted: Mon Jun 13, 2016 2:56 am 
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THX Molly... Glad you are on the ball :give

Watching now.... an hour to go before kick-off.

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PostPosted: Mon Jun 13, 2016 3:54 am 
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We have lift off...

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PostPosted: Mon Jun 13, 2016 4:37 am 
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The shrink who did an assessment for the Court at trial time has done an assessment for the defense and sentencing... the shrink had reservations about the ethics of doing the defense work after previously doing assessment for the court... but it was approved by Psychiatric controlling board types.

What comes across is that the shooting tragedy itself as well as all the court stuff has been sheer hell for OP.. and he has suffered hugely..... mostly done intentionally done by NEL.. who is a much bigger criminal than OP. Nel should be on trial for sustained torture of OP... Nel is a nasty piece of shit who should be locked up and or poked with sharp sticks.

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PostPosted: Mon Jun 13, 2016 4:41 am 
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The description of "psychopath" does NOT apply to OP.... buts the description, lack of empathy etc.. sounds like a description of Nel.

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PostPosted: Mon Jun 13, 2016 4:55 am 
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Clinical evaluation in "laynan's terms"... Oscar is a "Broken man"... has deteriorated since 2014 (trial) suffering depression and PTSD... this shrink recommends hospitalization....

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PostPosted: Mon Jun 13, 2016 5:05 am 
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This shrink is strongly AGAINST any more prison... I bet Nel wants to torture OP more.

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PostPosted: Mon Jun 13, 2016 5:13 am 
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Oscar is Broken.. destroyed.. Nel has HAD the "pound of flesh" he wanted so badly... but I bet even so he wants MORE.

I really think this should all be given as evidence at a trial of Nel... for extreme wilful damage and abuse... extreme mental torture... a life sentence would be too good for Nel

BTW.. saw June Steenkamp in audience... still looks like a miserable vindictive cow.... she might well be locked up as well.

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PostPosted: Mon Jun 13, 2016 5:28 am 
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A "5 min break" has been going on for 15 minutes :wall

Looks like Nel still remembers his trade.... a friggin Nel Tea Break now, I am sure :doh

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PostPosted: Mon Jun 13, 2016 6:25 am 
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Nel is being an asshole.... nit picking.. and even so he now wants a break to consult with his own shrinks to dispute the report more :doh

Adjourn until 2:30 :wall

As I recall they break for the day at about 3:00 PM

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PostPosted: Mon Jun 13, 2016 2:22 pm 
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I did not stay up to watch the Court back in session.. but will watch the rest later

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PostPosted: Mon Jun 13, 2016 4:10 pm 
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Oscar a broken man: psychologist
Monday 13 June 2016 - 3:17pm

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PRETORIA - A psychologist re-emphasised at the end of day one of Oscar Pistorius's sentencing that he was chronically depressed.

Psychologist Jonathan Scholtz concluded his testimony in the North Gauteng High Court on Monday.

Scholtz was the first witness to be called by Pistorius's lawyer Barry Roux.

The court was told that Pistorius was on medication for depression, anxiety and insomnia.

"One would describe him as broken.

"In my opinion, his current condition warrants hospitalisation," said Scholtz.

Prosecutor Gerrie Nel told the court that Pistorius had temper tantrums and once banged a table when he got upset with a nurse while serving his sentence.

Pistorius faces a minimum 15-year jail term after his original conviction of culpable homicide was overturned.

Luvuyo Mfaku, spokesman for the National Prosecuting Authority, told Reuters its position was "to argue for the prescribed sentence to be imposed, that is 15 years."

Members of the ANCWL said Pistorius should face the prescribed sentence.

"I don't think he has remorse," spokeswoman Jacqueline Mofokeng said outside the court.

"We are calling for 15 years without parole."

The case was adjourned until Tuesday morning at 9.30am.

.....more at link
https://www.enca.com/south-africa/oscar ... ychologist

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PostPosted: Mon Jun 13, 2016 11:13 pm 
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Thanks, Rumpole. Couldn't watch but knew you'd have an unbiased summary of the first day. ;)

I am going to watch, Tuesday court. Seems like I read that five days are set aside for the hearings with one day for judge to consider sentencing.


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