The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Alessandra_Deux on Sat Aug 09, 2014 1:20 am

Oscar Pistorius prosecutors 'twisted facts', defence says

8 August 2014 Last updated at 12:25 ET

Prosecutors have twisted the facts to discredit South African athlete Oscar Pistorius in his murder trial, his lawyer has said in closing remarks.

Barry Roux said the double amputee should have faced a lesser charge of culpable homicide over the shooting of his girlfriend Reeva Steenkamp.

Mr Pistorius denies prosecution claims that he deliberately shot Ms Steenkamp.

But Mr Roux conceded that he should be found guilty of negligence for discharging a firearm in a restaurant.

~Snipped~

'Slow burn'

The prosecution tried to characterise Mr Pistorius as a "hothead" who intentionally killed Ms Steenkamp after an argument.

His defence team portrayed him as having a heightened response to perceived danger due to his disability and background.

In court on Friday, Mr Roux said growing up with a disability conditioned Mr Pistorius always to confront danger because he could not flee.

He described it as a "slow burn" of insecurities and compared it to an abused woman shooting her abuser.

Read more:

http://www.bbc.com/news/world-africa-28698887
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Alessandra_Deux on Sat Aug 09, 2014 1:37 am

Oscar Pistorius Snapped 'Like an Abused Woman' When He Shot Reeva Steenkamp (Video)

By  Dominic Gover  
August 8, 2014 11:35 BST



Barry Roux likened Oscar Pistorius to a abused woman when he shot Reeva Steenkamp Getty

Dogged by a gradual build-up of insecurities, Oscar Pistorius was compared to an "abused woman" who snaps after years of abuse, when he blasted girlfriend Reeva Steenkamp to death, claimed his lawyer in court.

Barry Roux made the comparison while presenting his "heads of arguments" as the runner's murder trial nears a conclusion.

Roux told North Gauteng High Court it was a "slow burn" of personal insecurities which drove Pistorius to react in such a violent way to a perceived intruder.

He said that just like a woman snaps and kills her husband after years of abuse, so Pistorius built up an exaggerated response to danger.

Likening Pistorius to a domestic violence victim did not go down well with judge Thokozile Masipa, who challenged Roux on it.

He replied: "Imagine you are a little boy with no legs."

Trial watchers on Twitter were also unimpressed with Roux's analogy.

Read more:

http://www.ibtimes.co.uk/oscar-pistorius-snapped-like-abused-woman-when-he-shot-reeva-steenkamp-1460320
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Alessandra_Deux on Sat Aug 09, 2014 1:46 am

RELATED ARTICLES:

Oscar Pistorius Trial: Let's Not Forget About Reeva Steenkamp During the Show

By  Lydia Smith  
August 6, 2014 13:40 BST



Reeva Steenkamp has been forgotten in the media circus of the celebrity trial of Oscar Pistorius (Instagram)

The murder trial of Oscar Pistorius is nearing its end as the defence and prosecution teams prepare to give their closing arguments.

Since March, the world has watched the courtroom drama unfold around the athlete. Various elements of the trial have captivated the public, including a celebrity killer and a model victim. But the media circus surrounding Pistorius has led us to overlook the victim in this tragedy - the public has been gripped by the tears, the anger, the Shakespearean confrontation between defence and prosecution and the elusive facts at the centre of the case.

But at the heart of the trial is Reeva Steenkamp, who, on Valentine's Day last year, was shot four times through a bathroom door in Pistorius' home in Pretoria. And, by and large, she has been forgotten in the furore of the trial. The focus has been on the drama of the witnesses being cross-examined, and the athlete's reactions in court.

Read more:

http://www.ibtimes.co.uk/oscar-pistorius-trial-lets-not-forget-about-reeva-steenkamp-during-show-1459876
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by vegret on Sat Aug 09, 2014 2:46 am

Alessandra_Deux, thanks so much for keeping us up-to-date.

Alas, I have a bad feeling about the outcome in this case.

I hope I'm wrong.

Thanks again.
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Alessandra_Deux on Sun Aug 10, 2014 9:40 am

vegret wrote:Alessandra_Deux, thanks so much for keeping us up-to-date.

Alas, I have a bad feeling about the outcome in this case.

I hope I'm wrong.

Thanks again.

Thank you, Vegret. Keeping the thread about this case up to date wouldn't have been possible without Freckles.

I understand your concern, I'm not totally confident in the South Africa judicial system, their system is just like any other system in the world, even thought there is plenty of evidence to demonstrate that Pistorius's version of the events is a fabrication, anything can happen, anything is possible. We just have to look at the final results of some of the cases that we have followed here.

I just hope that Reeva's parents can walk out of that courtroom, on September 11, with the notion that justice was served in the case of their daughter's senseless killing. It will give them some kind of closure.


Last edited by Alessandra_Deux on Sun Aug 10, 2014 9:04 pm; edited 3 times in total
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Alessandra_Deux on Sun Aug 10, 2014 9:46 am

Oscar aunt to Nel: Aren't you ashamed?

2014-08-09 12:25

Johannesburg - Oscar Pistorius's aunt asked prosecutor Gerrie Nel if he "was not ashamed" at the paralympian's murder trial in the High Court in Pretoria, the Beeld reported on Saturday.

Lois Pistorius, glowered at Nel on Friday and asked in Afrikaans: "Kry jy nie skaam nie? [Aren't you ashamed?]," Beeld reported.

According to the report it is unclear if Nel heard her because he was a distance away from her and had his back turned to her while he walked out of court.

She turned to the athlete's psychologist next to her and repeated the question.

Beeld reported that while closing arguments were being heard, Lois, who was sitting in the front row of the public gallery, turned around to reporters sitting behind her but her husband Arnold nudged her with his elbow and she turned around.

Read more:

http://www.news24.com/SouthAfrica/News/Oscar-aunt-to-Nel-Arent-you-ashamed-20140809
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Alessandra_Deux on Sun Aug 10, 2014 10:12 am

RELATED ARTICLES:

Pistorius trial: the case for the state and the defence – in summary

As the court adjourns for the judge to consider her verdict, what are the arguments put forward by the prosecution and the defence?

Claire Phipps
The Guardian, Friday 8 August 2014 11.08 EDT

~Snipped~

The state’s case

The prosecution says Pistorius is guilty of murder. Lead counsel for the state Gerrie Nel told the court that the accused’s actions in fetching the gun and walking down the corridor towards the bathroom indicates premeditation: “He had lots of time for reflection. He made up his mind in the bedroom when he armed himself. That is pre-planning.”

Nel said Pistorius was an “appalling witness” whose testimony was “devoid of truth … The accused is more interested in fending for his life than in entrusting the court with a truthful account.”

The prosecutor highlighted what he called significant incongruities in the defence case, arguing that conflicting evidence about the position of fans and a duvet in the accused’s bedroom proved Pistorius was tailoring his evidence to mask the fact that he knew it was Steenkamp in the toilet cubicle when he fired four shots through the door. There is no proof the police tampered with the crime scene, Nel said. The position of items in the bedroom means Pistorius’ version cannot be true.

~Snipped~

The case for the defence

The defence says the trial should have begun with a charge of culpable homicide rather than murder, but insists Pistorius should be acquitted. If the firing of the gun was purely reflexive, he lacked criminal capacity; if there was a thought process, it was “putative private defence” (self-defence) because he believed he was in danger – that an intruder was coming out of the toilet. He had no motive to kill Steenkamp. He has always said he thought it was an intruder.

Lead defence counsel Barry Roux compared Pistorius’ years of disability to an abused women who kills her husband after many assaults. The shooting was a reflexive action after a “slow burn” of vulnerabilities led to a point at which he had “had enough”. He was anxious and acting on “primal instinct”.

The defence says the state’s version of events – in which the fatal shots were fired at 3.17am – cannot be true. The defence says noises heard at 3.17am were the thuds of the cricket bat as Pistorius broke down the toilet door. The shots, it contends, were earlier, which means the screams heard before 3.17am were made by the accused, and not by Steenkamp, who was already fatally wounded. Roux asked the judge: “If the shots were, as submitted by the state, at 3.17am – would it make sense that before firing the shots the accused would shout: help, help, help?” It was “fatal for the state” that a security guard went past Pistorius’ house at 2.20am and heard no arguing.

Read more:

http://www.theguardian.com/world/2014/aug/08/oscar-pistorius-trial-state-defence-case-summary?CMP=twt_gu

------------------------------

Oscar Pistorius Trial Day 41: Defense says state's case is 'compromised' in closing statements

By Nastasya Tay
August 8, 2014 5:35 PM
Yahoo Sports


PRETORIA, South Africa – Through the nearly five hours of his closing arguments Friday, Oscar Pistorius' attorney, Barry Roux, moved from indignation to pleading, ending with righteous confidence and a demand for acquittal.

Pistorius, on trial for the shooting death of girlfriend Reeva Steenkamp on Valentine's Day 2013, barely moved while sitting stiffly in the dock during his attorney's robust speech – a summary of more than two hundred pages of written argument.

But after his legal team completed its presentation of his defense, palpable tension eased; his sister, Aimee, smiling for the first time in weeks, his uncle, Arnold, grinning from the public gallery.

A few hours later, Pistorius himself tweeted his gratitude after 41 days in court: "Thank you to my loved ones and those that have been there for me, who have picked me up and helped me through everything."

Although the strain of his murder trial may have diminished with the end of argument, it is not a reprieve.

The next time he returns to Courtroom GD – on Sept. 11 – it will be to hear Judge Thokozile Masipa's verdict.

Sliding scale of conviction options

Roux has given Judge Masipa a range of choices to consider, but ultimately the judge must make her decision based on what she believes was going on in Pistorius' mind, in the moment when he fired his 9mm pistol four times through a locked door.

Read more:

http://sports.yahoo.com/news/oscar-pistorius-trial-day-41--defense-says-state-s-case-is--compromised--in-closing-statements-213531604.html
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Alessandra_Deux on Sun Aug 10, 2014 11:06 am

Legal Analysts Predict Guilty Verdict in Oscar Pistorius Murder Trial



by Fox News News Insider //  Aug 08 2014 // 1:52pm

(Click on the link below to watch the video)

Earlier today, we learned that a verdict is expected to be announced in the Oscar Pistorius murder trial on September 1

On Happening Now this afternoon, Fox News legal analyst Mercedes Colwin and defense attorney Diana Aizman weighed in on what they think Pistorius' fate will be.

~Snipped~

Colwin expects a guilty verdict, but the question will be whether the judge will find there was premeditation. Aizman doesn't like Pistorius' chances at acquittal either, pointing out that the judge has ruled harshly in the past in domestic violence cases.

Aizman also does not believe Pistorius' theatrics in the courtroom, including loud sobbing, has helped his case.

Watch their full analysis of the proceedings above.

Read more:

http://foxnewsinsider.com/2014/08/08/will-oscar-pistorius-be-found-guilty-murder-legal-analysts-weigh
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Alessandra_Deux on Sun Aug 10, 2014 12:38 pm

James Grant @CriminalLawZA     ·   7h    

Not only did I not write: "Why I would find Oscar Pistorius guilty" (Telegraph) but explained I could not - see email pic.twitter.com/xfzsNQ8WKU



https://twitter.com/CriminalLawZA
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Freckles on Sun Aug 10, 2014 2:46 pm

Following link jump to kink jump.

Is Pistorius guilty of murder?

- Prof James Grant PhD (Criminal Law), Associate Professor of Law, University of the Witwatersrand, Johannesburg, SA


http://criminallawza.net/2014/07/12/205/

His twitter:

" .... James Grant @CriminalLawZA · Jul 12

Pistorius conceded: 1) intention to kill & 2) unlawfulness. His (original) defence is that he did not intend to UNLAWFULLY kill. ....."

https://twitter.com/CriminalLawZA
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Alessandra_Deux on Mon Aug 11, 2014 7:45 am

Statement Analysis Can Show Oscar’s Lies
 
Posted by brian On August 06, 2014
 
Statement Analysis can show Oscar’s lies – by Nick van der Leek*

A scientific analysis of 100 homicide calls shows how words give the guilty away. This study+, profiling 50 guilty and 50 innocent callers, was based on 911 calls, all subsequently adjudicated.

Firstly, of the various techniques used, the study found extraneous information the strongest indicator of guilt. 44% of the 911 callers surveyed included extraneous information. Of these 96% were guilty of the offense.

Oscar’s affidavit is 1354 words long. 7 words are used to describe his act:

I fired shots at the toilet door.

6 words are used to describe Reeva after the shooting.

Reeva was slumped over but alive.

Besides his economy with words on those occasions, in the rest of his affidavit Oscar refers to himself (‘I’) 82 times. He refers to Reeva just 6 times.



Consider the extraneous detail in these admissions:

“The first time I remember hitting the frame of the door, there was shock in my hands, I swung again and hit a small piece open.”

When Oscar describes Reeva (in his affidavit and his testimony) his descriptions are mute and constrained. But his descriptions of everyone else are in the finest details. “The officer had shorts on…they were casually dressed…” He tells us where they were standing, what they say to him, their gestures and movements. About Stipp we get a psychological assessment. “He seemed overwhelmed by the…the situation.” Stipp, a doctor, discovered the young woman had been shot to death. If there was nothing he could do to save her, this does not mean he was overwhelmed.

Read more:

http://www.africanman.co.za/?p=309
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Alessandra_Deux on Mon Aug 18, 2014 12:07 am

Oscar Pistorius verdict hangs on 'possible improbabilities'

Tue Aug 12, 2014 11:03am GMT

By Ed Cropley

JOHANNESBURG (Reuters) - Eighteen months ago when he granted Oscar Pistorius bail after the killing of his girlfriend, South African magistrate Desmond Nair noted a number of "improbabilities" in the Olympic and Paralympic star's account of the shooting.

After 41 days of testimony and drama in the Pretoria High Court, Pistorius's freedom hangs on whether the prosecution has made its case well enough to convince judge Thokozile Masipa that such improbabilities cannot be "reasonably possibly true".

~Snipped~

Three times when under pressure during cross-examination, Pistorius blamed his legal team for differences between or omissions from the sworn affidavit prepared for his bail deposition and his evidence in court.
 
"When it starts happening regularly like this, and every time you get a difficult question you blame it on your lawyer, the judge is going to make a very careful note," Johannesburg-based criminal defence advocate Mannie Wits said.
 
There were other inconsistencies in his evidence, including an admission that he had not after all left the bedroom to get a fan from the balcony - contradicting his bail deposition, in which he said it was during this absence from the bedroom that Steenkamp must have gone to the toilet.

Read more:

http://af.reuters.com/article/topNews/idAFKBN0GC0WK20140812?pageNumber=1&virtualBrandChannel=0
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by vegret on Tue Aug 19, 2014 12:48 pm

Again, thanks! Also many thanks to Freckles!
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Freckles on Tue Aug 19, 2014 1:20 pm

vegret wrote:Again, thanks! Also many thanks to Freckles!

Oh, I just opine (mouth off) while AD does all the foot work!
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Alessandra_Deux on Wed Aug 20, 2014 10:02 am

@Freckles:

I appreciate your collaboration, respect your opinions, and enjoy reading your very astute observations about this case (or any other case).

Keep on "mouthing off", you are doing a great job! 

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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Alessandra_Deux on Wed Aug 20, 2014 10:06 am

vegret wrote:Again, thanks! Also many thanks to Freckles!

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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Freckles on Wed Aug 20, 2014 10:12 am

Alessandra_Deux wrote:@Freckles:

I appreciate your collaboration, respect your opinions, and enjoy reading your very astute observations about this case (or any other case).

Keep on "mouthing off", you are doing a great job! 


My mama would have sent me to my room until I "came to my senses" and then given me more homework to awe my teachers with... Dad would have laughed and told me I did not know what I was talking about...
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Alessandra_Deux on Wed Aug 20, 2014 10:55 am

Freckles wrote:
Alessandra_Deux wrote:@Freckles:

I appreciate your collaboration, respect your opinions, and enjoy reading your very astute observations about this case (or any other case).

Keep on "mouthing off", you are doing a great job! 


My mama would have sent me to my room until I "came to my senses" and then given me more homework to awe my teachers with... Dad would have laughed and told me I did not know what I was talking about...

I know exactly what you are talking about.  Very Happy 
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Freckles on Wed Aug 20, 2014 10:38 pm

While we are waiting, I was following up on some of the above shared links and refreshing or educating my mind. Stumbled on this and wanted to share:

https://twitter.com/CriminalLawZA

" ... James Grant @CriminalLawZA · Aug 11

Error in Objecto and Aberratio Ictus: Shooting the "wrong" person: http://wp.me/p3efQr-2


James Grant @CriminalLawZA · Aug 11

Diffs: aberatio ictus: miss one person & kill another (2 people involved); error as to object: you kill the person you aim at (1 person) 4/4

James Grant @CriminalLawZA · Aug 11

It is no defence under error in objecto to intentionally unlawfully kill one human being instead of another - identity is irrelevant.
3/..."


http://criminallawza.net/2013/02/28/what-if-you-shoot-the-wrong-person/
"...
Error in Objecto and Aberratio Ictus: Shooting the “wrong” person.
Posted: February 28, 2013 in Education
Tags: criminal law, culpable homicide, murder, Pistorius

If I shoot a gun at a particular person, but I miss, the law recognises that the bullet may easily come to rest in a wall, a tree, or fall harmlessly to the ground somewhere. It could also, of course, strike another person – and this is where things get interesting. This is known in SA law as a scenario of aberratio ictus (going astray of the blow). Our law used to take the view that this was no defence – you still killed a human being. It used to do this by “transferring intent” from the intended victim, to the actual victim. But we have now shifted to the position that recognises that, if you miss your target (although you are liable for attempted murder in respect of your intended victim), whether you are liable for murder, if the bullet happens to strike another person and kill him/her, must depend on whether you had intention (in law, at least foresight) of this prospect.

This is all very different from scenarios of “error in objecto”. It doesn’t matter if an accused intended to kill one person (say, Bill), but killed another instead (say, Jake) – at least not in the sense that the identity of the victim matters. Thus, and accused who intends to kill a particular human body, and kills that human body, incurs liability for murder (assuming capacity and unlawfulness). The mistake involved (“error in objecto”) where one human body is mistaken for another, is an immaterial/inessential error – that is, it does not affect one’s liability. An error in objecto may be material where one shoots at what one thinks is a scarecrow, say, but it transpires that the scarecrow was a human being. This would be an essential/material error and one could not be convicted of murder, which requires the intentional unlawful killing of another human being – one must intend to kill a human being.

The problem is that it is easy to confuse an aberatio ictus (where one misses one’s intended victim and someone else is killed), with the scenario of an inessential error (in objecto) where one shoots at and kill a particular person. The fundamental difference is that in the former (aberatio ictus) there are actually two people/victims, and you kill a person you may not intend to kill. In the second scenario of the inessential error (in objecto) there is only one person/victim and you kill that human being – the human being you intend to kill.

Oscar did not miss his target. He fired at and killed whoever was behind the door. It is therefore no a case of aberatio ictus. It is, at best, an immaterial/inessential error (in objecto) – no defence. Instead, his defence, at least his original defence, is that he did not intend to kill whoever was behind the door UNLAWFULLY. This is a recognised defence. Oscar only needs to raise in the mind of the Court a reasonable possibility that he made this mistake to escape a murder conviction. ..."
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Freckles on Wed Aug 20, 2014 10:43 pm

Logic 101:


"....Is Pistorius guilty of murder?
Posted: July 12, 2014 in Uncategorized
14

Does James Grant think he is an alien? 1/
Pistorius needs only to raise a reasonable doubt that he intended to UNLAWFULLY kill whoever was behind the door. 2/
Intention is judged subjectively – what was he actually thinking; A doubt = a possibility. Thus a reasonable doubt = a reasonable possibility. 3/
There must always be doubt about anything in the universe. It’s possible that Grant is an alien… 4/
But is it reasonably possible? We may dismiss this possibility as unreasonable, but can we dismiss the possibility that Grant THINKS he is an alien as unreasonable? Probably (I hope)5/
Similarly, for Pistorius, he has conceded that there is no reasonable possibility that he was, in fact, entitled to kill in private defence 6/
But, can we dismiss the possibility that Pistorius THOUGHT he was entitled to kill in private defence as unreasonable? 7/7 ..."

http://criminallawza.net/2014/07/12/205/
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Freckles on Wed Aug 20, 2014 10:46 pm

The insanity defense discussed intelligently:
The 3rd defence OP offered up

" ... ....In the conduct of Pistorius’s defence, through the testimony of Dr Vorster, the criminal capacity of Pistorius has been placed in issue. Criminal capacity, together with the requirement that your conduct must be voluntary, are the bases upon which our law enquires whether you are a responsible person – whether it makes any sense to hold you criminally liable in law and to punish you. We take it that it would not be sensible to punish, for instance, rocks and trees. It wouldn’t make much sense, if the limb of a tree fell on you, to charge the tree with assault. In our law capacity requires that a person must possess two abilities: 1) to appreciate the wrongfulness of his or her conduct (referred to as “insight”); 2) to act in accordance with that appreciation (referred to as “self-control”)."

Why OP was ordered for extensive mental work up:
"....If a person’s capacity is placed in issue, a court may refer the accused for an enquiry into his/her mental condition (s 78(2)). At this point, the provision is permissive – the Court may refer the accused. If, however, a mental illness is implicated as the reason why the accused’s capacity for self-control may have been absent, and the prospect of a pathological incapacity (“insanity”) defence is raised, the Court must refer the accused – the court has no discretion. Vorster diagnosed the accused with a psychiatric disorder (generalised anxiety disorder) and insisted that this did not constitute a mental illness for the purpose of a defence of pathological incapacity. The issue then turned on whether the condition that Vorster diagnosed did constitute a mental illness. A mental condition or disorder must constitute a mental illness (or defect) to form the basis of a pathological incapacity defence. The obvious question then is what is a mental illness or defect?..."


Read more:
http://criminallawza.net/2014/05/17/pistoriuss-third-defence-pathological-incapacity-insanity/
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by CuriousPortlander on Tue Sep 09, 2014 9:23 pm


Judge to give verdict in Pistorius trial

8 hours ago


JOHANNESBURG (AP) — The judge in the Oscar Pistorius murder trial was taciturn 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.

...Her cryptic demeanor, likely meant to project neutrality during contentious proceedings, masks the rich personal story of a former social worker and journalist who became one of the first black female judges in a country that jettisoned white rule in 1994.

...Seabi described her as a competent judge who gave "latitude" to defense and prosecution arguments. Masipa will not "decide the matter on her own" because she has two legal assistants, Seabi noted.

"There is a remote possibility of the judge going one way and the assessors going another, and the decision by the majority is the one that will stand, on the facts," Seabi said. But, he said, only the judge decides on questions of legal principle.


Read more:  http://news.yahoo.com/judge-verdict-pistorius-trial-161123601--spt.html
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Alessandra_Deux on Tue Sep 09, 2014 11:31 pm

Very interesting read ...



Acoustics of the Oscar Pistorius Trial – What Happened Next

Posted on September 9, 2014 by Susan

~Snipped~

A Lost Opportunity?

So for a couple of weeks we went through a to- and- fro conversation, with me still on standby to travel. Unfortunately, however, it was decided that they couldn’t afford to use me, and ultimately they used a more local consultant. I was surprised; my fee would have cost less than three days of Barry Roux – however so be it.

I was pleased to see that Ivan Lin really did know his stuff about acoustics. And he did a great job in keeping his cool in the cross examination, presenting some quite technical information clearly. But at the same time, I was very curious that the evidence presented was extremely limited, essentially only looking at distance propagation and not going into the in depth testing or modelling I had hoped to do. Why the legal team chose to narrow the scope of acoustic evidence so much clearly has a number of possible interpretations, and I would be curious to know the real reason.

It would have been great exposure for dBx Acoustics to have worked on the trial, and an amazing experience for me personally, but on balance, I’ll get over it; the thought of going up against Gerrie Nel was a scary one. What I really regret, though, is that I didn’t get the chance to go and do all those tests and work out for myself the truth about the acoustic evidence.

That’ll teach me to mouth off on the internet. I plan to do it more often

Read more:

http://www.dbxacoustics.com/oscartrialupdate/
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Alessandra_Deux on Wed Sep 10, 2014 12:40 am

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.

Read more:

http://www.news24.com/SouthAfrica/Oscar_Pistorius/Oscar-Pistorius-tense-as-judgment-looms-20140907
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Alessandra_Deux on Wed Sep 10, 2014 1:34 am

Defence lawyer: Oscar Pistorius may be in trouble

Rebecca Davis | about 21 hours ago

Rebecca Davis explores the views of one of SA’s most high-profile defence lawyers.

In the last few days before Oscar Pistorius hears his fate in the North Gauteng High Court, any legal eagles willing to stick their necks out with semi-definitive predictions will always be guaranteed an audience. On Monday, one of South Africa’s most high-profile defence lawyers was on hand to tell the Cape Town Press Club what he thought of the Pistorius defence team’s handling of the case.


Defence lawyer William Booth says the Pistorius case dragged on for way longer than it needed to – an idea that will likely brook no argument from trial observers or journalists.

~Snipped~

In Booth’s estimation, the only truly significant witness of the trial was Pistorius himself, though he conceded that the testimony of neighbours – in terms of sights seen and sounds heard on the evening in question – was also of importance.

He had harsh words for the case presented by Pistorius’s defence team, saying that the “majority of evidence” put forward by Pistorius’s side was “a smokescreen”.

Read more:

http://ewn.co.za/2014/09/09/OPINION-Rebecca-Davis-Defence-lawyer-Oscar-Pistorius-may-be-in-trouble?
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Freckles on Wed Sep 10, 2014 2:00 am

Verdict will be in during wee hours of early Thursday AM....
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by CuriousPortlander on Wed Sep 10, 2014 8:06 pm


Pistorius: How the verdict will be delivered

Associated Press  By GERALD IMRAY 13 hours ago


JOHANNESBURG (AP) — 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.


Read more:  http://news.yahoo.com/pistorius-verdict-delivered-095713267.html
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by CuriousPortlander on Thu Sep 11, 2014 12:28 am

Apparently, the judge will start her verdict comments at 7:30 a.m. in South Africa, which is just over an hour from now.

WildAboutTrials has a live feed for anyone interested:  http://www.wildabouttrial.com/one_off/oscar-pistorius-trial-live-stream/
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Alessandra_Deux on Thu Sep 11, 2014 1:09 am

Thank you, CP!

There is also the following:

LIVE
Oscar Pistorius Trial


http://www.enca.com/oscartrial
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by CuriousPortlander on Thu Sep 11, 2014 1:41 am


You're welcome, Alessandra!

Looks like I might have been an hour off.  This site http://www.mediaite.com/online/live-video-oscar-pistorius-murder-trial-verdict-watch/ says:  Live feeds start at approximately 2:30 a.m., Eastern (United States).

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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Freckles on Thu Sep 11, 2014 2:14 am

Morn' court watchers. Yawn. I am up but wishing I wasn't... Can't wait to go back to sleep.

How long do you think court will last this morning?
Interesting to see how different the judiciary is.

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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Freckles on Thu Sep 11, 2014 2:23 am

Cathy Mohlahlana @CathyMohlahlana

#OscarPistorius and family have just left house, his brother Carl is with them. It's now time for #judgment @eNCAnews
1:18 AM - 11 Sep 2014



2014/09/11 01:19

Reeva Steenkamp's mother June arrives at the North Gauteng High Court.

http://www.enca.com/oscartrial
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Freckles on Thu Sep 11, 2014 2:28 am



"....PRETORIA - One of the last tweets sent by Reeva Steenkamp, the glamorous South African model shot dead by her lover Oscar Pistorius, was to express her excitement ahead of Valentine's Day.

She hinted at having romantic plans, tweeting: "What do you have up your sleeve for your love tomorrow??? #getexcited #ValentinesDay"....."


http://www.enca.com/reeva-steenkamp-remembered-angel

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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Freckles on Thu Sep 11, 2014 2:33 am



Oscar Trial: 15 things we'll remember



http://www.enca.com/oscar-trial-15-things-well-remember
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Freckles on Thu Sep 11, 2014 2:35 am

Gareth Edwards @GarethEdwardsSA
Follow

Advocate Barry Roux walking past court, gets a few hugs from bystanders. Smiling. Awkwardly. #OscarTrial @eNCAnews
1:19 AM - 11 Sep 2014


http://www.enca.com/oscartrial
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Freckles on Thu Sep 11, 2014 2:46 am

Yusuf Omar @YusufOmarSA
Follow

CLIP- Court doors open #oscarpistorius @encanews https://vine.co/v/Oz0xVu2uIvx

www.enca.com/oscartrial

We are reported to be 15 minutes away from start of court.
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Freckles on Thu Sep 11, 2014 3:06 am

Mix of news but I found this:
" ...The other property, which Pistorius bought in 2008 for R800,000, was sold to a young businessman who the Sunday Times was unable to reach for comment.

Pistorius, who earned about R5.6-million a year at the time of the shooting, had listed the Silver Woods house, the two Weeping Willow units and a vacant stand in Langebaan in the Western Cape as assets.

It is not clear whether the Langebaan stand has also been sold.

Pistorius, in his bail application, also said he owned cars, jewellery and furniture worth more than R500,000 and had "cash investments" of more than R1-million with South African banks.

However, he also faces a potential civil claim from Steenkamp's parents, June and Barry, who have indicated their legal action is on hold pending the outcome of the murder trial.

Roux said Pistorius would not be able to plead poverty should a civil claim be lodged.

"The fact that he placed on record that he owned four properties and was in a strong financial position, as well as his access to funds through other means, will all be considered. Any proceeds derived from the sale of the properties will be considered accordingly." ...."


http://www.timeslive.co.za/local/2014/09/07/furious-oscar-throws-tantrum-days-ahead-of-murder-trial-judgment
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Freckles on Thu Sep 11, 2014 3:22 am

SP Dolis Directus or Dolis Intentious... in SA they do not use the phrase premeditated murder but use the Latin Dolis Diirectus.... IIRC, AD posted something on this a few pages back.

News reporters are filling in time with comments, interviews while we wait. Reports the trial has lasted so long many have lost interest in the outcome.

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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Freckles on Thu Sep 11, 2014 3:33 am

Dianne Hawker @diannehawker
Follow

The main court room is packed today. I don't think it has been this full since Oscar Pistorius testified. @eNCAnews #OscarTrial
2:31 AM - 11 Sep 2014


DDI @DDIAfrica
Follow

In 13 min, another 2,468 Tweets have been posted on #OscarTrialVerdict #OscarTrial @eNCAnews

www.enca.com/oscartrial
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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Freckles on Thu Sep 11, 2014 3:36 am

Court has started. No sound yet. Judge reported to be reviewing her papers.

Judge reading the charges aloud.

Said he is guilty of FIREARMS CONTROL ACT,
firing a gun in a residence,

firing a 9mm pistol from his car's sun roof; reckless disregard to others in his car or others in vicinity while in park;

discharge of firearm in public place(restaurant) unlawfully discharged without any reason to do so; discharged firearm and damaged property (Glock) and damaged the floor of the restaurant; reckless endangerment in restaurant endangering others at table, other patrons, and property of restaurant; unlawful possession of ammo in his possession; failed to have import, export or transportation license for said ammo;

mistakenly believed intruder in his home and (used the gun, illegal ammo)
Approached bathroom with his gun drawn;
no explanation of ????

Admissions:

Identity of deceased, the date, the death;
No further injuries other than those caused by the accused;
Admitted shot went off while gun was in his possession;
He had no license for the eight rounds of ammunition;

Judge is reviewing State's presentation:
State said they believed the accused and victim had an argument; witness presented.
Witness heard the shouting and then gun shots.
Second witness and husband heard screams of a woman in distress prior to gunshots.
Next witness heard three gunshots and then someone crying out loud.
Next witness reported she and her husband heard a bang and then a man crying out for help;
she called security but did not get thru. She tried again and got thru.
Next witness heard a dog barking and then a man calling for help;
Next witness, neighbor, woke to hearing a man calling out very loudly.
Accused denied allegations he ???? intentionally.
When he armed himself and fired thru the door he believed there was an intruder who was a threat to himself and to Reeva.

He was bringing in a fan and was unaware Reeva had gone to the bathroom.

He was unaware Reeva was in the toilet.
Door locked from inside.
Reeva died from multiple gunshots.

Accused stated he was very emotional, he tried to resuscitate the deceased.

Judge states it is not possible nor serves no reason to rehash all the evidence.

Court has taken all the evidence and submissions by counsel into consideration.
Issues took considerable time and should have as concerned the court.
Issues to include whether PD contaminated the scene....
Court believes these issues have been consider with the evidence.

No eye witnesses were the accused and the deceased.
No dirth of witnesses willing to testify as to what they heard or believed.
This includes expert witnesses.
There are thousand of pages that can be divided into three areas.

Cricket bats, gunshots, and screams will be discussed together.
Shortly after 3 O'clock, witnesses heard these sounds.
Accused admitted to the gunshots but stated the cricket bat might have been confused with gunshots.
Not contradicted the gunshots fired first and then the sounds of the cricket bat sounds.





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Re: The trial of Oscar Pistorius for the Valentine's Day killing of his girlfriend Reeva Steenkamp -- Pretoria, South Africa

Post by Freckles on Thu Sep 11, 2014 4:29 am

2.

Judge found unreliable statements from husband/wife as they admitted the sounds they heard may have been from the cricket bat and not gunshots; (Johnson) they did not know the accused or the victim; they were genuinely mistaken in what they heard.

Many witnesses did not agree exactly with others. This is not relevant as it is rare witnesses will agree exactly with each other. Each witness' statement was considered separately. Both Johnsons believed they heard a woman screaming; they could not tell the difference between a gunshot and a cricket bat sound based upon the sequencing of events; serious doubt on who screamed as no one had heard the accused scream in what could have been a life threatening situation; Judge said ONLY TWO were in the home at the time of the screaming (Judge left out the housekeeper/gardener!!!)

Judge is reviewing the injuries and the impact upon the physical body;
in the hip, painful and loss of stability; the injury to the arm fractured the upper right arm; could have caused death; the head shot would have removed any voluntary action, respiration and damage to the brain, fracturing to base o skull would have left her with a few seconds to breathe. She would not have been able to have screamed.

IF OP screamed, why did he scream? His version of screaming when he discovered she was not in the bed makes sense.

Judge is discussing the media coverage and how it hurt the case.
Almost all the witnesses listened to the media and some discussed evidence with others prior to taking to the stand. It effects credibility of the witness.

Witnesses to the sounds were in and out of sleep at 3 AM.
Evidence was unreliable due to this.
Judge found no biases against witness Spitz (sp).
Spitz attempted to assist the deceased.

Court found it difficult to arrive at its conclusion.

Found it unwise to rely on witnesses from defense as well as from the state.

Evidence of cell phone calls for help was valuable and taken into consideration, time of calls, durations; Timeline presented by OP was not contradicted by State;



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