Trial Discussion Thread #45 - 14.07.3, Day 36

Trooper said:

it isn't often a Prosecutor gets such a magnanimous gift, Margaret.. Gerrie must be taking a tiny break with a small crystal glass of fine pinot gringo , and blessing the day Oscar's trial came up on his docket.

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Pinot Grigio : grey pinot or pinot gris

IIRC, not usually classified as a 'fine' wine… although delicious and very refreshing in summer heat, it is not aged for very long.

Trooper said:

it isn't often a Prosecutor gets such a magnanimous gift, Margaret.. Gerrie must be taking a tiny break with a small crystal glass of fine pinot gringo , and blessing the day Oscar's trial came up on his docket.

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Loving the idea of Nel and a glass of pinot gringo...do you have predictive text, by any chance? : )

To those that have seen the video: When OP donned his prosthetics and it was timed, did they include his taking time to don his socks too? Just wondering, because I would think that he could slap on his legs in 3-4 seconds, without the socks, if he needed to flee a burning building, or an armed intruder. :smile:

Viper said:

I clicked on a YouTube link a while ago to see OPs smirking during Nels x-exam of PVZ and noticed that Nel was grilling him about arranging for ST to accompany OP to the London games. If Nel is using this to tear apart the credibility of PVZ, you can bet your @$$ that video is going to be played for Dr. D tomorrow, if Nel has anything to say about it!

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Don't know if Nel can dismantle PVZ testimony whit Dr.D on the stand…

How would the video help tear apart PVZ's credibility ?

Nel could reopen the case on the basis of character evidence having been led by DT… then it would open season on OP's character !

Trooper said:

and giving and giving.... . what I concluded from the clip..


(a).. many scenarios were tried out to attempt to portray a story of a man startled by a strange sound and firing off a gun 4 times.

(b) .. .None of them appear to have succeeded .

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What did you make of Roder saying at the beginning that Oscar heard a screech & a bang, but then later on in the video he says that the screech is what made Oscar shoot.

04009margaret said:

What did you make of Roder saying at the beginning that Oscar heard a screech & a bang, but then later on in the video he says that the screech is what made Oscar shoot.

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That Roder didn't have a clue about anything?

There is no need for this video to be introduced in evidence. Everyone involved will have seen it and will know that everyone else and the public at large have seen it. Nell just has to confront Derman on Monday with a few select quotations from the evidence he has already given about OP's immobility and ask him to confirm that the details he gave are exactly correct.

Derman is not going to sleep well tonight.

AJ_DS said:

Don't know if Nel can dismantle PVZ testimony whit Dr.D on the stand…

How would the video help tear apart PVZ's credibility ?

Nel could reopen the case on the basis of character evidence having been led by DT… then it would open season on OP's character !

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No no no, Nel was using boyfriend girlfriend and who would or would not be given special privilege to accompany OP on an Olympic trip; silly stuff that PVZ said. Implying that Reeva was like no other girlfriend that OP had ever met because he wanted her to travel with him. Nel destroyed PVZs claim by having him read emails from OP to PVZ where OP requested that Samantha Taylor go to the London games with him and asked PVZ to help arrange their travel. Of course PVZ could not recall any of it. SMH

So if Nel will destroy a defense witness' credibility with that type of thing, I would have trouble entertaining any argument that Nel would simply let this opportunity to bash Dr. D with this video evidence, which clearly demonstrates that his expert testimony last week is rubbish. There's no way that Nel does not use some portions of the video tomorrow morning. In my heavily biased opinion. :smile:

We got the whole Smörgåsbord tonight......gun test, bat test, scream test, OP run test....everything Roux promised but failed to deliver

Here is the Defense's statement in full:

MEDIA STATEMENT IN RELATION TO LEAKED FOOTAGE OF OSCAR PISTORIUS

Video footage aired by Australian broadcaster

Statement by
Brian Webber, Ramsay Webber Inc.

06 July 2014

In October 2013, the Defence Team engaged the services of The Evidence Room, A US-based company specialising in forensic animation.

The company was engaged to visually map the events on the night of the accident. As part of this process, certain video footage was filmed. The “visual mapping” was for trial preparation only and was not intended to be used for any other purpose.

It has now emerged that an Australian broadcaster has obtained some of this footage from The Evidence Room and has just gone to air with it.

We wish to make it very clear that the material that has been aired was obtained illegally and in breach of the non-disclosure agreement with The Evidence Room. Its usage also constitutes a breach of privilege as this material was produced for trial purposes on the instructions of a commissioner, and the ownership of the copyright vests in the commissioner. No permission for the disclosure thereof has been given.

For the family, the airing of this footage constitutes a staggering breach of trust and an invasion of the family’s privacy.

It has come to our attention that Channel 7 purchased this footage unlawfully. In addition, during our engagement with Channel 7, we received an undertaking that they would not air any of the material before the end of the trial.

Whilst we cannot imagine how any of the footage would not support Oscar’s version, we will only be in a position to comment further once we have had the opportunity to study what has been aired.

- ENDS -

Viper said:

No no no, Nel was using boyfriend girlfriend and who would or would not be given special privilege to accompany OP on an Olympic trip; silly stuff that PVZ said. Implying that Reeva was like no other girlfriend that OP had ever met because he wanted her to travel with him. Nel destroyed PVZs claim by having him read emails from OP to PVZ where OP requested that Samantha Taylor go to the London games with him and asked PVZ to help arrange their travel. Of course PVZ could not recall any of it. SMH

So if Nel will destroy a defense witness' credibility with that type of thing, I would have trouble entertaining any argument that Nel would simply let this opportunity to bash Dr. D with this video evidence, which clearly demonstrates that his expert testimony last week is rubbish. There's no way that Nel does not use some portions of the video tomorrow morning. In my heavily biased opinion. :smile:

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BiB… agreed… unless Nel believes that he would be playing right into the DT's strategy by using the video.

IMO

- DrD's evidence is not very probative to the DT's case of PPD
- DrD's evidence appears heavily biased
- DrD's evidence is completely irrelevant to the PT's case of murder
- Nel can sufficiently destroy Dr.D's evidence and credibility without using the video.

vansleuths said:

What's concerning is that there were a million votes and it was split 51-49....It's not an official poll because people can vote multiple times, but it is nearly 50-50...

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I wouldn't worry .. this poll will have absolutely no bearing whatsoever on what Judge Masipa rules, at the end of the day.

Nausicaa said:

There is no need for this video to be introduced in evidence. Everyone involved will have seen it and will know that everyone else and the public at large have seen it. Nell just has to confront Derman on Monday with a few select quotations from the evidence he has already given about OP's immobility and ask him to confirm that the details he gave are exactly correct.

Derman is not going to sleep well tonight.

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I agree, Nel has all the power over the DT & Derman now.....the power of knowledge & them just knowing that he knows lol

...Whilst we cannot imagine how any of the footage would not support Oscar’s version...

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...if by any chance it is found not to, Oscar will be happy to change his version once again in order to bring it into line with the footage.

No immediate threat to sue? Interesting...

Is the commissioner Arnold Pistorius?

Giles said:

Here is the Defense's statement in full:

MEDIA STATEMENT IN RELATION TO LEAKED FOOTAGE OF OSCAR PISTORIUS

Video footage aired by Australian broadcaster

Statement by
Brian Webber, Ramsay Webber Inc.

06 July 2014

In October 2013, the Defence Team engaged the services of The Evidence Room, A US-based company specialising in forensic animation.

The company was engaged to visually map the events on the night of the accident. As part of this process, certain video footage was filmed. The “visual mapping” was for trial preparation only and was not intended to be used for any other purpose.

It has now emerged that an Australian broadcaster has obtained some of this footage from The Evidence Room and has just gone to air with it.

We wish to make it very clear that the material that has been aired was obtained illegally and in breach of the non-disclosure agreement with The Evidence Room. Its usage also constitutes a breach of privilege as this material was produced for trial purposes on the instructions of a commissioner, and the ownership of the copyright vests in the commissioner. No permission for the disclosure thereof has been given.

For the family, the airing of this footage constitutes a staggering breach of trust and an invasion of the family’s privacy.

It has come to our attention that Channel 7 purchased this footage unlawfully. In addition, during our engagement with Channel 7, we received an undertaking that they would not air any of the material before the end of the trial.

Whilst we cannot imagine how any of the footage would not support Oscar’s version, we will only be in a position to comment further once we have had the opportunity to study what has been aired.

- ENDS -

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BiB… quite clear the whole thing is bollocks…

Why is the Evidence Room NOT being sued into the stone-age ??

Why is Channel 7 NOT being sued into the stone-age ??

Why was NO injunction against Channel 7 and the video obtained ??

… I suspect the Evidence Room might seek an injunction against OP and file for a civil suit for libel, defamation and damages… stating that they have illegally sold their clients footage would severely damage their reputation and cost them much revenue.

Viper said:

Millions of SA Rands. Currency exchange of the Rand to the US Dollar is approx. 10.8 to 1

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Good point.

One thing I'm was a bit surprised at was that an Australian television company got the exclusive scoop on the world.

This was an American company on American soil and the US media (eg TMZ amongst others) live for stuff like this and pay top dollars.

kaos said:

I've just clicked on it and it's showing the 2nd preview for me.

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Oooops ! Your right. What was I thinking? I'm soooo sorry, ?-(

Will have to go back and try to correct my post since I obviously got well and truly mixed up so very sadly don't have a working link to first version, :'(


Edit: Erroneous post deleted!

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04009margaret said:

I did receive a message back from the NPA.....GN got the video

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Thanks for the update. I am kind of surprised that they would have responded on this subject.

You Tube preview has been re-posted & working..........

http://www.youtube.com/watch?v=QWVM2hZ-CUI&sns=tw