South Africa - Martin, 55, Theresa, 54, Rudi van Breda, 22, murdered, 26 Jan 2015 #3

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ApplesInMyBra said:
O / T:

Cape Town – A movie trailer about the trial of Oscar Pistorius following the fatal shooting of Reeva Steenkamp has sent shockwaves through South Africa.

The film is called Oscar Pistorius: Blade Runner Killer and it will premiere on American network, Lifetime on Saturday, 11 November.

http://www.channel24.co.za/The-Juic...out-pistorius-movie-via-social-media-20171003
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The Steenkamps have distanced themselves from the film, saying they were “horrified and upset” at reports that it claimed to tell the story from the perspective of Reeva and her mother June.

OP’s family criticised the project for not being a “true reflection” of the shooting nor of the trial. “The ‘film’ is a gross misrepresentation of the truth,” the family said in a statement. “We will be taking legal action.”

http://www.thestatesman.com/sports/oscar-pistorius-family-vows-legal-action-movie-1502504728.html
 
Should he not testify, Van Breda’s version given in his plea explanation will not be evidence before the court.
Following the ruling, Botha told Desai his client has decided not to take to the stand.
An application may, however, according to the Criminal Procedure Act, be made at a later stage for him to testify.
Desai in his ruling said the court may "draw inferences" should this happen.
Van Breda's experts include Reggie Perumal, a private forensic pathologist, who was part of convicted murderer Oscar Pistorius' defence team but did not testify in his trial.
Ballistics expert Cobus Steyl, a former police officer who, according to his website, primarily analyses firearms and tool marks, is also lined up. Steyl attended trial proceedings and assisted Botha during cross-examinations of State witnesses as well.
A yet to be named neurosurgeon would also be called by the defence to testify.
Two lay witnesses were also expected to take to the stand.
Van Breda’s first defence witness is expected to testify on October 9.

http://www.news24.com/SouthAfrica/News/van-breda-loses-application-decides-not-to-testify-20170927
 
I find that understandable but quite weird.

Had his first police statement not been admitted into evidence there would effectively be no version before the court.

Presumably he would have testified had the first version not been accepted into evidence. An admission of sorts that the differences are insurmountable.

I suppose his own experts will be restricted to testifying on the first version, and in their summation the defence will have to use that version too. He didn't come out of the bathroom until after the attacks, he never heard Rudi still alive hours later, and he never mentioned a second intruder which rules out a second axe. Also no Star Wars.

I wonder why he had Martin up watching a film with Rudi and him in his second version, knowing that it contradicted his first version. It seems all he had to do was say that he and Rudi watched a film.
 
Hi Everyone :wave: Enjoy :)


t440x300.jpg


:please: can everything go smoothly today.
 
I've just realized we've hit the 90th page in thread, usually mods make a new thread by 70, I will alert a mod.
 
A witness statement usually concludes with a clause as follows:

“This statement made by me accurately sets out the evidence that I would be prepared, if necessary, to give in court as a witness. The statement is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I will be liable to prosecution if I have wilfully stated in it anything that I know to be false or do not believe to be true”.

No doubt Botha saw many things wrong with Henri’s first statement, and why he wanted to have it excluded on the basis that he was being interviewed as a suspect, not a witness, but the clause above is binding.

His plea explanation is a very different document both legally and regarding its contents. It attempts to provide explanations as to how things happened, when and why. Especially relevant is his location during the attacks regarding the blood spatter which the prosecution has stated quite emphatically can’t be correct. However the plea explanation can’t be used in court at present since Henri has refused to testify, and in order for it to be admitted into evidence, Henri must submit himself to cross-examination.

Henri could have refused to give police his initial statement just as he’s now refusing to testify. That is his right. The important thing is that he did make his initial statement and that’s why it now forms part of the evidence before the court. He wasn’t obliged to make a plea explanation either. He simply had to plead guilty or not guilty.
 
Thank you JJ for your explanation re the differences between Henri's witness statement and plea explanation. I'd sort of grasped the difference but in rather a muddled way, if that makes any sense. Your explanation sets it out very neatly.
 
So it's sort of - he won't stand behind what he said the second time, but he can't get out of what he said the first time. Yes?
 
[video=youtube;MErsMs0-mvM]https://www.youtube.com/watch?v=MErsMs0-mvM[/video]
 
Fluffykins said:
So it's sort of - he won't stand behind what he said the second time, but he can't get out of what he said the first time. Yes?
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He wants to hear what his witnesses will say, and then, according to Botha, he will decide whether he testifies. Desai said the court may draw an adverse inference from this and that defendants should testify first.
 
JudgeJudi said:
He wants to hear what his witnesses will say, and then, according to Botha, he will decide whether he testifies. Desai said the court may draw an adverse inference from this and that defendants should testify first.
Click to expand...

He wants to have his cake and eat it - he's an odious creature :jail:

Morning all,
 
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