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Pistorius' Family Appear Confident Of Outcome - Is this the longest running trial in history????

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Post by Guest Sat Aug 09, 2014 1:13 pm

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Pistorius' Family Appear Confident Of Outcome - Is this the longest running trial in history???? - Page 2 2014-08-08t114435z-1349114853-gm1ea881ipj01-rtrmadp-3-safrica-pistorius-1-136x75

The Pistorius family hugged, smiled and kissed each other at the end of the defence summing up.

The athlete's uncle, Arnold, turned to reporters and, describing the two lawyers' performances, said: "It's a Mercedes versus a Fiat."

I asked: "Has Barry Roux done enough?"

Mr Pistorius answered: "Oh yes. More than enough."

In just over a month, we'll find out if he's right.

udge Thokozile Masipa has retired to consider more than four hundreds pages of summing up arguments from both sides.

She'll deliver her verdict on September 11. As one reporter put it: "Oscar Pistorius' very own 9/11."

Friday was the defence fightback and his lawyer's last chance to prove his innocence.

The day before was spent hearing from the prosecution how the paralympian had constructed a "snowball of lies" to avoid taking the blame for killing Reeva Steenkamp. On Friday, his defence team weighed in with 243 pages of reasons why the State had got it wrong.

The athlete's lawyer, Barry Roux, turned to the crux of the defence case before the mid-morning tea break - pleading with the Judge not to forget that Oscar Pistorius had lived with disability all his life, disability which would mean he reacted like no able-bodied person and which ultimately meant he could not be held responsible for the death of his girlfriend.

His reactions that night were involuntary, Barry Roux argued, they were primal instincts due to a lifelong "slow burn" which meant he didn't even know what he was doing when he fired the shots.

Even as a little boy, the lawyer argued, Oscar Pistorius lived with fear and vulnerability due to not having legs. The effect was a "slow burn" on him and his behaviour. Mr Roux likened the "bladerunner's" reaction on that morning to that of an abused woman who finally snaps after years of abuse to shoot her abuser.

http://news.sky.com/story/1315489/pistorius-family-appear-confident-of-outcome

OK, I'm exaggerating but this trial was scheduled for 3 weeks but has taken 6 months??!! Pistorius' Family Appear Confident Of Outcome - Is this the longest running trial in history???? - Page 2 Faint_15 And the guy actually shot his girlfriend of that there is no doubt, 6 months to estabish if he meant to shoot her? Unbelievable.

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Post by Tommy Monk Fri Sep 12, 2014 9:23 pm

Quill, I agree, there most certainly was evidence as you describe in para 2.
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Post by Irn Bru Fri Sep 12, 2014 9:28 pm

Quill, what's the legal interpretation of pre-meditated murder? Is it that the murder had to be planned and executed to be that rather than murder during an argument or a fit of temper? If that's what happened is that what swayed the judge to come to the verdict that she did?
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Post by Tommy Monk Fri Sep 12, 2014 9:38 pm

That is basically it Irn as far as I'm aware.



This is more serious obviously because it has been thought about, decided and planned with a cool head and in a totally cold and calculated way.




Which obviously shows a more dangerous and callous individual.




These types of murder are normally include equally planned ways of committing the murder, disposing body, and/or carrying out undetected/unidentified and evading suspicion/capture etc.







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Post by Original Quill Fri Sep 12, 2014 10:07 pm

web definitions wrote:Premeditated murder is the crime of wrongfully causing the death of another human being after rationally considering the timing or method of doing so, in order to either increase the likelihood of success, or to evade detection or apprehension. ...
   http://en.wikipedia.org/wiki/Premeditated_murder.

It doesn't have to be a long, well-planned and drawn out affair.  All that is required is that rational thought have gone into it before the actual act.

Then, the impulsive act, not thought out beforehand, is second-degree murder.

Lesser acts do not have the 'intent' factor, but can be done in anger or extreme negligence.  Generally, that's manslaughter, or as here, culpable homicide.  Oscar was convinced of the latter.

In this case, it is clear that Oscar intended to shoot whomever was in the bathroom.  In this, he is standing behind a self-defense argument.  But, it turns out it was 'mistake-of-fact' and not self-defense...and Re'eva was shot and killed.  So from the standpoint of the judge, it is a mistake-of-fact that could have, perhaps should have, been avoided if Oscar had exercised a bit of care.  Ergo: negligent or culpable homicide.

The point is that the judge has uniquely skated around (1) the facts of an argument, and (2) facts that would have contradicted a mistake-in-fact...that likely Oscar knew, and should have reasonably deduced that he was shooting at Re'eva in the bathroom.  Thus, it is unreasonable to believe mistake-in-fact.  Taken together, these two facts lead to the conclusion that Oscar's frame of mind was one of anger (malice) aimed at the person he was angry with (Re'eva) and that his taking out of the gun, if it wasn't an act of self-defense, must have been with an intent to kill: malice aforethought.

Even without the evidence of the argument, the malice part could easily have been inferred by the facts that Re'eva was sleeping with him, and that she was missing from the bed when he retrieved the firearm (right beneath where she would have been sleeping).  Who else could it have been he was shooting at?

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Post by nicko Sat Sep 13, 2014 3:57 pm

Sarcastic bitch isn't he zack?
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Post by Frazzled Sat Sep 13, 2014 9:22 pm

Lone Wolf wrote:
Fuzzy Zack wrote:
Sounds like the judge is gonna let him off.

Idea

GUILTY on two counts...

HOW'S that famous Fuzzy feeling of infallibility traveling today, your Zackiness ?    tongue
Not guilty enough.  The man will walk away from this and be participating in the 2016 Olympics.  I hope he gets booed.
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Post by Original Quill Mon Oct 13, 2014 4:25 pm

Pistorius back in Court for sentencing on manslaughter today.  As usual, breaks up crying.

So do I...thinkin' what that sick bastard did to poor, beautiful Re'eva.

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Post by Tommy Monk Mon Oct 13, 2014 10:08 pm

The defence is suggesting that as he is such a poor, hard done by, 'broken man',( ie trying to portray him as the victim in all of this), then it would be wrong to punish him more by sending him to that nasty prison full of criminals.....



What a load of bollocks!!!!



To be honest, I can't believe he has not been banged up already!!!



If it was anyone else then they certainly would be.
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