Discussion Thread #60 - 14.9.12 ~ the appeal~

[JudgeJudi]

Annika Larsen @AnnikaLarsen · 19m 19 minutes ago
Oscar courtroom feels far more like a regular one without the main players here. Tension gone. @eNCAnews #OscarPistorius


Annika Larsen @AnnikaLarsen · 15m 15 minutes ago
Judge Masipa wears a black not red robe today. Red is only worn for murder trials. Death penalty hangover. OscarPistorius @eNCAnews

 

[lisasalinger]

Good morning

 

[ColonelMustard]

Oooo. Nel can whisper sweet nothings in my ear in Afrikaans any time!

 

[zwiebel]

N: What is a competant verdict? What's count one? - One charge, with different poss results or convictions. ...This court dealt with count one as murder and other counts....This court was correct, acquitted the accused of murder...and said INSTEAD he is convicted culpable homicide.....with utmost respect, it CANNOT be...

 

[zwiebel]

N: If murder's proven by the state, the court's bound to find an accused guilty of murder...

 

[Deleted member 102539]

Is Oscar there?

Barry Bateman @barrybateman · 33 Min. Vor 33 Minuten

#OscarPistorius just to be clear - Pistorius is not in court. BB

(... and no other as family etc.)

 

[lisasalinger]

Is Oscar there?

No, he's not... per Barry Bateman tweet

 

[zwiebel]

Nel: The third count, I'll read in Afrikaans. ?????????......

 

[zwiebel]

Nel: Just to finalise. There is no appeal in S???? .....we are appealing the acquittal on a point of law (on a conviction of murder)

 

[ColonelMustard]

I heard the du Toit whisper to Masipa "discretionary"!!!!!

Yuck.

 

[JudgeJudi]

Oh dear, Masipa is looking soooo bored with it all. Resting her chin on her hands. My Lady is not amused.

 

[zwiebel]

Nell's reading from case law now, Seqoui or something?

He's on to point 4, in Afrikaans.

 

[zwiebel]

Nel; When one evaluates this appeal, there's not a counter appeal saying accused shld have been acquitted or sentence is too harsh...

 

[zwiebel]

Why is Nel dropping in and out of Afrikaans?

 

[katydid23]

Barry Bateman @barrybateman · 15m 15 minutes ago
#OscarPistorius Nel: refers to a constitutional court verdict that rendered the Seekoei judgment invalid. BB

Barry Bateman @barrybateman · 17m 17 minutes ago
#OscarPistorius Nel: acknowledges the assistance the state has received from Professor Grant. BB

Barry Bateman @barrybateman · 17m 17 minutes ago
#OscarPistorius Nel: dealing with the Seekoei judgment - case law related to appeal. BB

 

[ColonelMustard]

Oh dear, Masipa is looking soooo bored with it all. Resting her chin on her hands. My Lady is not amused.

I think she's pi$$ed that "she's" being challenge.

I don't think she likes Nel at all.

I'll bet she'll deny this.

(ps. I'm just sick about the Dewani acquittal.)

 

[zwiebel]

The gist of what has turned into a complicated monologue from Nel is that Seekoei determined that the prosecution could appeal an acquittal but not a conviction on a lesser charge (as happened with Pistorius). Nel says Seekoei is not applicable.

http://www.theguardian.com/world/li...ecution-appeal-culpable-homicide-verdict-live

 

[katydid23]

Barry Bateman @barrybateman · 21m 21 minutes ago
#OscarPistorius Nel: the court erred in finding that his version was reasonably possibly true because the court rejected his version. BB

Barry Bateman @barrybateman · 22m 22 minutes ago
#OscarPistorius Nel: the court erred in that it didn’t take into account all the circumstantial evidence presented. BB

Barry Bateman @barrybateman · 24m 24 minutes ago
#OscarPistorius Nel will now deal with the appeal on the culpable homicide conviction. BB

 

[zwiebel]

Nel: Milady, I say it again.....not only is it unfair to the state, it doesn't make sense....if we charged accused with murder and culpable homiccide, apart from all the smiles, laughs we wld have received, we could have appealed on the main count...

 

[ColonelMustard]

Is the defense going to ask for bail today?