Discussion Thread #60 - 14.9.12 ~ the appeal~

[Fuskier]

FYI from Australian Newscorp:

http://www.news.com.au/world/breaki...ict-can-go-ahead/story-e6frfkui-1227151721974

breaking news
Judge approves Pistorius appeal
1 HOUR AGO DECEMBER 10, 2014 8:16PM

SOUTH African prosecutors can appeal double-amputee Olympian Oscar Pistorius' acquittal on murder charges for killing girlfriend Reeva Steenkamp.
JUDGE Thokozile Masipa announced the ruling in a Pretoria court, saying she was satisfied that chief prosecutor Gerrie Nel had raised "questions of law" that should be reviewed by the Supreme Court of Appeal.
"This might have a practical effect on the conviction," Masipa said...

 

[Hoosen_Fenger]

Enjoyed reading the forum these last few months in a lurking capacity. Some of the postings have been brilliant, and there was nothing I could add of value until now…..

I'm actually off to South Africa for the Rugby 7's this weekend, and have just been speaking with my friend in Port Elizabeth who is hosting myself & friends this weekend. I am very excited.

However, what he has just told me about the Appeal Process has got me even more excited.

You know how many people are worried that this might drag on for years and they want a quick resolution? Near the top of that list will be one 'Oscar Pistorius.'

Would you like to know why?

You heard it here first………. He will not be released from Prison until his appeal has been heard…….

He cannot be freed on licence like he was freed on bail, with what is ostensibly, a Murder Charge hanging over him. They work differently. Bail assumes guilty of nothing until proven. Licence means you have been convicted of something. As someone convicted of Homicide, he will be ineligible for early release until the matter is concluded.

:jail::happydance::jail:

 

[L2L]

I remember reading somewhere way back, can't recall exactly where or when, but that Pistorius could apply for bail if leave to appeal was granted. Maybe I've got it wrong?

 

[Interested Bystander]

I remember reading somewhere way back, can't recall exactly where or when, but that Pistorius could apply for bail if leave to appeal was granted. Maybe I've got it wrong?

I think that was probably the case if it had been he who was seeking to appeal his sentence.

 

[Estelle]

 

[Jake18]

Will it be Roux involved in the appeal process? My impression is that it's a very dry, academic aspect of the law - not necessarily one in which his theatrics and verbal trickery will thrive.

 

[Susza]

It's certainly addictive I love my WS. I found myself on the Jonbenet site between trials, and am currently waiting on a JA book so I have something to go on with. I was so excited last night to hear and see Nel - I could watch him every single day. There are some brilliant minds on this forum….each and every post fascinate and inspire me in search for justice. I feel very grateful.

I totally agree with you and I even would say: There are LOTS of brilliant minds here, tolerant and passionate and funny people.
Yes, me too, I'm very grateful to all of you!

 

[Estelle]

Will it be Roux involved in the appeal process? My impression is that it's a very dry, academic aspect of the law - not necessarily one in which his theatrics and verbal trickery will thrive.

Who will have to pay for Roux' representation of OP at the SCA?

 

[L2L]

And if it is Roux at the HC appeal, who pays him? Why does the state pay for yesterday's 'Leave to Apply'? Isn't he acting for Pistorius sill?

 

[Estelle]

And if it is Roux at the HC appeal, who pays him? Why does the state pay for yesterday's 'Leave to Apply'? Isn't he acting for Pistorius sill?

These are the questions that I would also like answered. I was surprised when Masipa said the State had to pay. Is that usual? Or is it because Masipa believes that this member of a family worth millions can't afford to pay OP's legal costs?

 

[Jake18]

Mr Jitty - where are you? Come back and answer our questions!

 

[Estelle]

http://ewn.co.za/2014/12/10/CARTOON-Whats-next-Lady-Justice

 

[mrjitty]

These are the questions that I would also like answered. I was surprised when Masipa said the State had to pay. Is that usual? Or is it because Masipa believes that this member of a family worth millions can't afford to pay OP's legal costs?

OK so it seems the state got costs awarded against it on the 2 grounds it lost.

This is fairly usual.

It will only be a contribution in practice.

Costs doesn't apply to the murder conviction aspect where the state was successful.

 

[mrjitty]

And if it is Roux at the HC appeal, who pays him? Why does the state pay for yesterday's 'Leave to Apply'? Isn't he acting for Pistorius sill?

I am sure Roux won't let anyone else appear before the Supreme Court!

OP still has to pay for Roux.

In legal proceedings where you lose - you can become liable to pay some of the costs of the other side - on the basis that you caused them to have to spend money incorrectly.

So given Roux was so far proven to be correct about sentence and ammo - state has to pay some of his costs on that.

 

[Mr Fossil]

I am sure Roux won't let anyone else appear before the Supreme Court!

OP still has to pay for Roux.

In legal proceedings where you lose - you can become liable to pay some of the costs of the other side - on the basis that you caused them to have to spend money incorrectly.

So given Roux was so far proven to be correct about sentence and ammo - state has to pay some of his costs on that.

Interestingly, Roux said yesterday that whilst there was provision to claim costs for the sentence application failing there is no provision for costs if the application for the reservation of a question of law failed. So they don't get costs on the ammo if I understand this correctly. Not sure I understand why they would be treated differently.

 

[eimajjjj]

So let's say the appeal is heard in the first available SCA term (Feb), any idea how long that process will be?! I'm getting impatient already!

 

[AW2B]

Denying the right to appeal the ammo possession was a bad decision, in my opinion. I don't think there's a single legal person who would say that storing ammo in your own safe in your own house doesn't amount to possession. OP was not en route to the police station with this illegal ammo. He didn't find it. It was in his bloody safe. Getting Masipa to decide whether her own decision was incorrect or not is like getting schoolkids to mark their own homework. If Masipa was so confident in all her rulings, she should have just given permission to appeal all of them.

BBM

It's not enough for Masipa...they should be marked with this statement----> "I own them" with his NOTARIZED signature!! :banghead:

 

[Estelle]

So let's say the appeal is heard in the first available SCA term (Feb), any idea how long that process will be?! I'm getting impatient already!

I watched a video link from here tonight and the lawyer said that it will probably be the middle of the year before this reaches the SCA.

 

[alioop]

As long as he remains in prison, I don't care how long the appeal takes. Well as long as it's not years that is!

 

[Estelle]

As long as he remains in prison, I don't care how long the appeal takes. Well as long as it's not years that is!

IMO OP would be a flight risk if he is not in prison.