One of his lawyers said 1/6th could be in custody (10 months) with rest under house arrest.
Oscar Pistorius Trial
- Thread starter Rednotdead
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In the latest episode of the United Hour Podcast, Nik @Rood and Imran @Annihilate Now! start with the good news by celebrating Manchester United Women's emphatic FA Cup win over Spurs at Wembley and the future of manager Marc Skinner.
Then it's the bad news and the ever worsening form of our Men with losses to Arsenal and Palace.
Finally the main debate - ETH Out now or keep him until the end of the season - if not longer. Are you Team Nik or Team Imran?
The 10 months in the prison will be hell for him 
The Prosecution has announced they're going to appeal against both judgment and sentence. It will be filed in the next few days.
http://www.bbc.co.uk/news/world-africa-29786011
http://www.bbc.co.uk/news/world-africa-29786011
Good. At the very least it should break the spoilt little brat a little more. Horrible little shit.
Edit: Nevermind, thought it was Pistorius appealling for a moment, not the prosecution.
Nah, he's not appealing in any way.
Yeah, would be really shit from him if he did considering how lightly he's gotten off.
Not surprising at all unfortunately.
State's appeal still pending. Will be heard in November. It's not quite over yet
So he isn't coming out then.
Not yet though my guess is he will be out within a month tops. The reason he's not coming out is that the Justice minister has asked the parole board to review their decision based on a petition he received. He claims it is because Pistorius hasn't met all the requirements but that's very vague. Anyway this is all about it being women's month in South Africa and the ANC women's league don't want him out during women's month.
Released on house arrest already..
I know this is a bitter pill for some to swallow. But if people are looking for scapegoats, blame the police and the prosecution. They were inept.
Wrong - the judge was inept, as will be demonstrated at the Appeal. There were clear legal grounds for finding him guilty of murder.
I'm not so sure.
I'd start with the lad firing gunshots through the door myself.
The prosecution has won the right to appeal the judgement and its going before a judge again to see if they get a new trial. No double jeopardy in S.A law so it is likely we may have a second trial . He's pleading poverty on why they shouldn't be a second trial saying he cant afford another case.
They won the right to appeal however it's not going to be a 'new trial'. It's simply going to the Supreme Court of Appeal where there will be a full bench of judges at the country's second highest court. They will be hearing the appeal on legal reasoning grounds only. In other words, no new facts may be introduced nor can the original judge's decision on facts of the matter be challenged. The state can only appeal if there's a flaw in legal reasoning which they believe there was. There are 3 types of murder in SA law, Dolus directus (direct intent), dolus indirectus (indirect intent) and dolus eventualis (legal intention). Judge Masipa correctly ruled out the first 2 but never dealt propely with the last one. Dolus eventualis means that he objectively foresaw his actions can lead to death of another person (the supposed intruder behind the door) but proceeds with his actions in any event. That is the issue the state will argue. In their minds the Judge never dealt with it.
Comprehensively explained, thanks.
Cheers. I only understood it myself after a lawyer friend of mine here in SA explained it to me. By the way, he says it will be interesting to hear the state's arguments and the Supreme court's decision. The SA law fraternity are pretty divided on what they think the outcome will and should be.
At least this will not be down to a single judge...it thought the prosecution had a good case but hamstrung themselves in poor investigation at the beginning...he needs to serve out a longer sentence though.
Yes, very true.
He's just been released to luxury house arrest.
Less than a year for murdering your girlfriend. Seems reasonable.
Less than a year for murdering your girlfriend. Seems reasonable.
The prosecutions appeal is November 3rd, hopefully justice will be served.
I find it incredible that someone is able to fire a weapon (4 times?) into a locked room, knowing someone is in there and it not deemed as murder. Obviously it is not as black and white as that, but that the thing that always sticks with me. Even if he thought it was a burglar, his actions were of someone trying to end the life of anyone in that room, not scare them or contain them; but to kill them.
Just caught it on the news... Disgusting. Fingers crossed the prosecution can put things right next month.
So the appeal is happening today. State busy with arguments.
Interesting that so far the Supreme Court of Appeal judges have had favorable comments/responses to points raised by Nel. One judge in particular marked how concerning it was with how Judge Masipa dealt with evidence of Capt Mangena.
We won't have judgement on the appeal today though. Just the arguments by both sides.
Interesting that so far the Supreme Court of Appeal judges have had favorable comments/responses to points raised by Nel. One judge in particular marked how concerning it was with how Judge Masipa dealt with evidence of Capt Mangena.
We won't have judgement on the appeal today though. Just the arguments by both sides.
Something to clarify. SA does have double jeopardy law. Which means you can't be tried twice on same matter.
However, the SCA (appeals court) does have the power to order a re-trial if it finds that issues of law were incorrectly dealt with by the High Court Judge since it is then seen as a 'non-trial'. In other words, there was no trial because the law was not applied ergo you should then stand trial again. However, everyone who is a legal expert in SA commenting on this does not see this as a possible outcome (very slim chance) simply because it won't be in the interest of justice. The SCA will most likely just review the High Court record and the appeal arguments and then make a ruling and judgement on that.
However, the SCA (appeals court) does have the power to order a re-trial if it finds that issues of law were incorrectly dealt with by the High Court Judge since it is then seen as a 'non-trial'. In other words, there was no trial because the law was not applied ergo you should then stand trial again. However, everyone who is a legal expert in SA commenting on this does not see this as a possible outcome (very slim chance) simply because it won't be in the interest of justice. The SCA will most likely just review the High Court record and the appeal arguments and then make a ruling and judgement on that.
The State have been done with their arguments for over an hour now. Defense arguing now. Not looking good for Defense though. The Justices (technically they're not Judges but higher title Justice) are not responding favourably to Defense arguments. They're also taking several digs at the original Judge.
The defense have started to put up some good arguments. Lots of legal sparring going on from what I'm reading. I really hope this sticks and we get a proper verdict or at least a retrial.
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I heard that part in Afrikaans and we need to be careful. Roux has not given context. He said something prior to that but one can't make out what he says to Nel. He then also said something along the lines of 'I didn't get a chance or to deal with it' or 'I just didn't feel it necessary to deal with that'. So not sure what context he said it in.
He might still walk, but just thought that was interesting.
Indeed interesting. I must say was proud and impressed with the veracity and level of engagement between the appeal judges and both advocates. It was a good show of our law in proper action and showed we do have sound minds in our legal system which is encouraging. Our biggest problem though is not having enough properly qualified judges, prosecutors and not having enough police and detectives that are properly trained. If we can get that sorted we will be able to curb crime better and ensure criminals get caught and convicted as they should be.
Yes, if the threat of prosecution and conviction is a sufficient enough it will act as deterrent. Law does seem to be a wonderful career, I did a few Business law courses in Varsity and even that was interesting.
When is the verdict expected?
They will most likely rule before the court closes in December. Hopefully within this month I'd think.
Thought was going to be quite quick. But considering the law has so many formalities and the discussions to be made, it makes sense. Thanks.
D-Day...Appeal court judgment underway
Not looking good for Oscar at this stage