Oscar Pistorius - Discussion Thread #67 *Appeal Verdict*

[soozieqtips]

Mr Jitty...tell me if this is right?

OP has 10 days to appeal. SCA can choose to disallow the appeal on the basis that it's unlikely different judges would give a different verdict (which I suspect will happen).

He can then take it over their heads to the CC on different grounds......namely that his constitutional rights were violated in terms of of how the trial was conducted.

I think that David Dadic's point was that OP may well wait to see what sentence he gets from the High Court befire deciding whether to go down the CC route.

Is this more or less it?

BIB ship - sailed.

 

[ATasteOfHoney]

It really makes one appreciate true professionals with a level head & common sense in whatever field they're in because in this case, the Judge isn't one of them!

That will be her legacy that this Judge will have to live with---and at the end of her "career"....no time for her to reprieve it. I hope that's a bitter pill for her to swallow.

Hey there, Judge....hope it tastes like lemons. Now you get to eat it!

Moo

 

[Alyce]

Makes you wonder how the hell she got appointed to the case if it was over her head (and her bun).

:thinking:

 

[Giles]

Gosh. Judge Masipa is going to have to 'punish him twice'.

 

[Ochre Blue]

Mr Jitty...tell me if this is right?

OP has 10 days to appeal. SCA can choose to disallow the appeal on the basis that it's unlikely different judges would give a different verdict (which I suspect will happen).

He can then take it over their heads to the CC on different grounds......namely that his constitutional rights were violated in terms of of how the trial was conducted.

I think that David Dadic's point was that OP may well wait to see what sentence he gets from the High Court befire deciding whether to go down the CC route.

Is this more or less it?

Yes - it seems to be it, except that OP & team would need to decide whether to appeal (10 day limit) before the new sentence is imposed in the New Year (as I understand it).

I also seem to remember from posts further upstream, that there were limited grounds on which to appeal this case to the Constitutional Court.

WebSleuthers - please correct me if I'm wrong.

 

[Gbtaketwo]

Finally some real justice hope it is some small comfort Reeva's family.
Will time spent on house arrest count as time served towards what will be his new increased prison sentence ?
If he appeals will he be taken back to prison or left on house arrest ?

 

[cottonweaver]

Gosh. Judge Masipa is going to have to 'punish him twice'.

You took the words right out of my mouth . BUT IDK really if he has to be her doing the sentence

Aside,

this is interesting
"NPA spokesman now says state will study #OscarPistorius decision before deciding whether they will seek his imprisonment pre sentencing"
https://twitter.com/karynmaughan/with_replies?lang=en

 

[K.T]

BIB ship - sailed.

I thought it was interesting the Supreme Court noted that under the "glare" or televised international attention, Masipa conducted the trial in the correct manner. This may still leave open the possibility that witnesses were discouraged by publicity but it appears to hinder one avenue that Pistorius' defence may contest to the constitutional court - that the nature of a televised trial impaired the running of the high court.

 

[BeachSky]

surely today's verdict is the judgement that op will have the option to appeal against.

i wonder if, after sentencing does he also have the chance to appeal the sentence?

Does he even have the funds to appeal?

 

[Trooper]

Where the hell are Zwiebel and Viper???

heh.. and those two argumentative Americans who thought they were lawyers.. where are they? .. those were the days, Sooz..

 

[Trooper]

And it is satisfying to know that those detectives, especially the one who was the ballistics expert ( and major major eye candy as well ) have been vindicated... They have had to live with this error for so long with no avenue of appeal except the diligence of the state prosecutor, Nels, ( may he be the father of a thousand camels ) .. a long journey for the Johannesburg Police , and a long overdue bouquet, instead of the usual bricks to them.

 

[mrjitty]

Mr Jitty...tell me if this is right?

OP has 10 days to appeal. SCA can choose to disallow the appeal on the basis that it's unlikely different judges would give a different verdict (which I suspect will happen).

He can then take it over their heads to the CC on different grounds......namely that his constitutional rights were violated in terms of of how the trial was conducted.

I think that David Dadic's point was that OP may well wait to see what sentence he gets from the High Court befire deciding whether to go down the CC route.

Is this more or less it?

I am not familiar with the next level of appeal procedure I am sorry

But Mr Fossil posted the relevant statutory provisions up stream

If this were England - then yes - he could appeal this decision to the Supreme Court (or what was the old House of Lords)

Does RSA have another appellate layer?

Then I see there is also this constitutional court business.

Ultimately the issue for the defence is that there is no difficult legal issue in this case. The problem was rather that Masipa authored a bad judgement.

 

[K.T]

Does he even have the funds to appeal?

If you look at the extensive holdings of the Pistorius' clan, they have certainly enough funds for an appeal. They have aggressively defended him throughout the trial. Just their spokesperson's fees, constantly taking the media to task over certain articles and over the last year/s sending out endless press releases, would have been enough for an average family to survive on for quite some time IMO.

 

[Alyce]

Finally some real justice hope it is some small comfort Reeva's family.
Will time spent on house arrest count as time served towards what will be his new increased prison sentence ?
If he appeals will he be taken back to prison or left on house arrest ?

I would bet that the house arrest time will count towards his new sentence.

The usual minimum for murder is 15 years, but judgee is allowed discretion.

So if she goes for 10 years, minus time served, which will be about 1.5 years by the time the new sentence is passed ( I have already seen reports saying it wont happen until possiby February ! ) that brings him down to 8.5
Then throw in some consideration for his disability etc and he could end up with 6 years total - 5 of which can be done on house arrest.

I hope I am wrong but my knowledge of all things SA tells me that this could be the outcome.

Still, at least OP now had the title of murderer to add to his CV, which is long overdue.

 

[LemonMousse]

heh.. and those two argumentative Americans who thought they were lawyers.. where are they? .. those were the days, Sooz..

Oh yes. The "lawyer" who said that the "error in persona is no defence" on the charge sheet was illegal, and the prosecution knew it!!!!

 

[sleuth-d-]

And it is satisfying to know that those detectives, especially the one who was the ballistics expert ( and major major eye candy as well ) have been vindicated... They have had to live with this error for so long with no avenue of appeal except the diligence of the state prosecutor, Nels, ( may he be the father of a thousand camels ) .. a long journey for the Johannesburg Police , and a long overdue bouquet, instead of the usual bricks to them.

and yet after all this, the verdict is still based on the pistorius version... i.e. the imagined intruder.

so, as i see it, dutiful, law abiding witnesses - stipps [especially], berger-johnson, baba, vdm and the other neighbours - have not been vindicated.

 

[mrjitty]

Watched the whole thing again.

Justice Leach basically thinks he is a lying murdering toe rag.

- Told lies to the Court
- Had 3 versions
- Offered no explanation for events
- Not rational thought process
- There never was any attack

Reading between the lines - he comes pretty close to saying there never was an intruder.

He definitely says OP cannot have believed he was under attack

 

[Trooper]

and yet after all this, the verdict is still based on the pistorius version... i.e. the imagined intruder.

so, as i see it, dutiful, law abiding witnesses - stipps [especially], berger-johnson, baba, vdm and the other neighbours - have not been vindicated.

oh absolutely, sleuth.. how could I have forgotten those people, brave, under extraordinary pressure, yet wading thru all that to give their testimony.. tthankyou for the reminder.. yes BABA!!. he knew what he heard and he knew what he saw.. !!. and Dr Stipps..!!. he was superb yet his testimony was simply ignored. !!.. Mrs Stipps.. she saw what she saw and told it and got tanked on. . I wont forget them, Sleuth.

a huge hello to Viper and Zwiebel, from me.

 

[K.T]

My aggregate of majority of public social media reaction to the appeal court's murder judgement: 'good' and 'finally'.

Also laughed at one response..."that's not breaking news"

 

[Marfa Lights]

and yet after all this, the verdict is still based on the pistorius version... i.e. the imagined intruder.

so, as i see it, dutiful, law abiding witnesses - stipps [especially], berger-johnson, baba, vdm and the other neighbours - have not been vindicated.

Yes, it would have taken a retrial to undo the wrongs Roux perpetrated against the ear witnesses. I would love to have seen his timeline destroyed too.

And just think, he probably would have been required to play the recording of Oscar singing like a woman.