Oscar Pistorius - Sentencing - 7.6.2016

[cottonweaver]

Yes indeed undue sympathy
Last time, in 2014, the State appealed that she had taken too much emphasis on personal circs of accused, specifically his PTSD & his “he seems remorseful”
.
That she had also over emphasised rehab over retribution
That she had also under emphasised the consequences of his actions, the gruesome manner of death & the injuries
That she had also under emphasised the intent to shoot aspects, arming himself, going to the bathroom
They also said there is a reasonable prospect the sentence would be overturned by another court.
They also emphasised that by sentencing him under that clause he would be out in 10 months which was shockingly light considering it was a fatal CH bordering on DE

They will be adding to that list in the event of an Appeal

We know she did not allow leave of appeal on sentence back then, just the conviction.

 

[G.bng]

Well the defence did very strongly oppose televising the trial but the judge ruled against them and it was televised.

Courtesy of The Guardian (emphasis mine):
[FONT=&amp]"The high court judge, Dunstan Mlambo, granted permission to South African media groups to install the cameras in "unobtrusive" locations. Defence lawyers had opposed any part of the trial being broadcast, saying it would harm Pistorius's chances of receiving a fair trial."[/FONT]

 

[Marfa Lights]

Although Masipa DID choose to believe Dr Stipp when he said he thought Pistorius was genuinely distraught.
She selected those cherries so carefully, didn't she.

Did Oscar ever personally say he screams like a woman-- or was that just Roux's claim?

 

[cottonweaver]

I’m so relieved that Judge Masipa took issue with Roux’s FC on this complaint, lament about Oscar being victimised because of publicity and media coverage. I’m so glad that she’s given notice that she’s not going to have any regard to that. Because in my view that was objectionable in the extreme, to posit Oscar Pistorius as a victim because of publicity because of the transparency, because of the coverage to the world of this trial.

It’s objectionable for a person involved with the law sworn to uphold the constitution and the laws of the country then to take that type of stance on transparency. Gerrie Nel correctly pointed it out, it’s in the nature, it’s fundamental to our system of justice that you have transparency.

It’s a precious commodity. You can’t start complaining about it because it’s world wide, you should actually appreciate it and then to go further and claim that your client is a victim of that transparency is objectionable in my view. We need more transparency not less.

Judge Greenland on Roux's claim that his client was victimised as a result of publicity and media coverage around his murder trial.

http://www.702.co.za/articles/490/former-judge-chris-greenland-on-barry-roux-s-attack-on-media

 

[cottonweaver]

Did Oscar ever personally say he screams like a woman-- or was that just Roux's claim?

Roux said it.
OP said , wtte, he had never screamed before his life, in the way he screamed that night.

.....was screaming and shouting the whole time and crying out. I was... I do not think I can... I do not think I have ever screamed like that or cried like that or screamed or... I was crying out for the Lord to help me. I was crying out for Reeva. I was screaming.

EIC

but in cross, he admits to high pitched recording

We know what everybody heard. For you, would you...do you not think it would be prudent to play the recording, so the witnesses can say if that is what they heard or not? You, not just you, not anybody else? --- I do not know, M'Lady.
Why do you not know? You must have a view? --- I am not an attorney, M'Lady.
No, no, I know. But you must have a view? --- I have got a...[intervenes]
The people can hear and listen and ...[intervenes]
COURT: Mr Nel, if he does not have a view about this, he does not have a view. Is it not up to the legal representative to do that?
MR NEL: Yes, M'Lady. I will not pursue it further, but I have asked him what his view was and he is giving instructions to his legal team and that is my aim. COURT: He says he does not have a view.
MR NEL: Thank you, M'Lady. Mr Pistorius...shall I carry on?
COURT: Yes, you may.

MR NEL: Mr Pistorius, have you listened to the recording of you screaming with a high pitch voice? --- No, M'Lady.

Were you taken somewhere to scream at a high pitch voice? --- Yes, M'Lady.
So, you went into a stereo or something to scream at a high pitch voice? --- That is not true, M'Lady.
Where did you go to scream at a high pitch voice? --- At my place where I reside at the moment, M'Lady. M'Lady, if I can just say, that I have never screamed like that before. I had a...I do not know if...I cannot remember what I sounded like on that night, it was after the gunshots had gone off. But I was screaming out for...screaming out to Reeva, I was screaming for the Lord to help me. I ran onto the balcony. I scream...I shouted and screamed for help and I do not think one scream was the same. You do not scream in a monotone fashion. When you in desperation, you scream out as loud as you can.

 

[soozieqtips]

Did Oscar ever personally say he screams like a woman-- or was that just Roux's claim?

It was just Roux's claim, a claim he never backed up. OP himself made references to 'screaming like I'd never screamed before' but stopped short of pretending he sounded like a screaming woman about to get murdered. The 'proof' OP screamed like a woman never materialised, as when the test was done, it clearly sounded nothing like it, so it got dropped fast. Masipa never bothered to ask Roux about any of his "we'll get back to that later" waffle, but if Roux said OP screamed like a woman, Masipa wouldn't have needed proof. For her, any words that lent support to OP's 3 defences were proof even when not backed up by any evidence.

 

[Marfa Lights]

It was just Roux's claim, a claim he never backed up. OP himself made references to 'screaming like I'd never screamed before' but stopped short of pretending he sounded like a screaming woman about to get murdered. The 'proof' OP screamed like a woman never materialised, as when the test was done, it clearly sounded nothing like it, so it got dropped fast. Masipa never bothered to ask Roux about any of his "we'll get back to that later" waffle, but if Roux said OP screamed like a woman, Masipa wouldn't have needed proof. For her, any words that lent support to OP's 3 defences were proof even when not backed up by any evidence.

Not a "shred of evidence" then!

 

[soozieqtips]

Not a "shred of evidence" then!

Lol. Not a shred!

 

[Cloen]

Jubjub is pretty famous in SA
Did the neighbours identify reeva as the source of the screams? No. Did the phone data support the claim thar Reeva screamed before being shot? No.
They weren't lying. But they may well have been mistaken.
Yes. Intruders. Even in the safest Estate. It had happened in the past....

Of course they weren't mistaken, He had no reason to scream , there was no threat, and to even consider Reeva remained silent throughout the entire evening after he says she got out of bed to go to the toilet is just plain stupid , it didn't happen. He couldn't even get his story straight either., because he was lying through his teeth.
But there was NO INTRUDER. There hadn't been an Intruder in Silverwoods since something like 2010 when they upped the security , the security that Pistorius never used because he felt so safe. Even the Stipps or one of the neighbours slept with their sliding windows open.

Go back and listen to Michelle Burger's testimony , and despite Roux trying to trick her , she stayed adamant what she heard. Pistorius does not scream like a woman who's life was in danger, - if he did he'd have produced the tapes they apparently made

Even Judge Leach you could tell thought Masipa had made an utter b*lls up of this Case
It's been all very embarrassing for SA Justice System

Jubjub? I don't live in SA , but know of the Case only because of this trial and FMs talking about it, but i'm only talking about Pistorius.

 

[cottonweaver]

I don't recall Masipa even touching on his declaration in jail that he was not a criminal and had not committed a crime. How does she get to remorse?

Missed this excellent point.

I think you're right T, I don't think she even mentioned Dr Byee's report at all.

As Cherwell said, she cherry-picked and skated over other stuff, until the transcript is up, it's hard to be definite.

 

[Hazy]

Missed this excellent point.

I think you're right T, I don't think she even mentioned Dr Byee's report at all.

As Cherwell said, she cherry-picked and skated over other stuff, until the transcript is up, it's hard to be definite.

Is it odd that the report isn't up yet? I cannot remember how long it took last time.

 

[cottonweaver]

Disability rights activist on the OP sentence and disability card - a few extracts from a longer article.

"The light sentencing of Oscar Pistorius is an insult to people with disabilities"

During the hearing, Pistorius did everything in his considerable power to reduce his sentence, but by actively trading on harmful tropes, he has broken the cardinal laws of disability rights activism. That he has done so in order to get away with murder makes his betrayal of the cause particularly heinous.

A precedent has been set here, and it's not a good one.

That Pistorius saw fit to actively court pity has made him especially unpopular with the rights activist set.

Despite the swath of articles gleefully declaring Pistorius's pedestal to have been ripped from beneath him, there has been continued coverage of those who still want to believe, the disabled athletes and children (children!) who hoped their role model would not be convicted or punished too severely.

As a result, we have largely failed to examine how our cultural understanding - or misunderstanding - of disability may also have inspired inappropriate leniency.

http://www.dailylife.com.au/news-an...people-with-disabilities-20160710-gq2ekp.html

 

[cottonweaver]

Is it odd that the report isn't up yet? I cannot remember how long it took last time.

I thought the same.
JJ mentioned how long it was last time between delivery and upload but I can't rem what she said, sorry.

If something is controversial, maybe it's pragmatic to delay it's upload, most of the journalists criticising have already filed their op pieces.
Here in the UK the actual judge triggers the media release process - that surfaced in another recent UK trial and there has been a lot of criticism of this.

I don't know if it's the same in SA Hazy.

 

[Hazy]

Disability rights activist on the OP sentence and disability card - a few extracts from a longer article.

"The light sentencing of Oscar Pistorius is an insult to people with disabilities"



http://www.dailylife.com.au/news-an...people-with-disabilities-20160710-gq2ekp.html

Excellent article!!

 

[Hazy]

I thought the same.
JJ mentioned how long it was last time between delivery and upload but I can't rem what she said, sorry.

If something is controversial, maybe it's pragmatic to delay it's upload, most of the journalists criticising have already filed their op pieces.
Here in the UK the actual judge triggers the media release process - that surfaced in another recent UK trial and there has been a lot of criticism of this.

I don't know if it's the same in SA Hazy.

Everything else seemed to appear pretty quickly. I like to read the reports to satisfy myself on what has been said as I can't follow the live proceedings as I can't hear. They don't subtitle these things lol

 

[cottonweaver]

Everything else seemed to appear pretty quickly. I like to read the reports to satisfy myself on what has been said as I can't follow the live proceedings as I can't hear. They don't subtitle these things lol

What do you mean Hazy, BIB?

 

[Hazy]

What do you mean Hazy, BIB?

I am deaf

 

[Fuskier]

http://www.enca.com/south-africa/ex...chobox&utm_term=Autofeed#link_time=1468160023

Aimee talks to ENCA

Remember how Henke's talk with the media was not approved by the Pistorius family?
No objection to Aimee's media appearance? Her appearance seems approved by the Pistorius publicity machine.

 

[Viper]

I am deaf

Yea, I can only watch online too so there is no possibility of subtitles. Does YouTube offer a subtitling option? If not its a shame. But if so most, if not all, of this is available there.

 

[Hazy]

Remember how Henke's talk with the media was not approved by the Pistorius family?
No objection to Aimee's media appearance? Her appearance seems approved by the Pistorius publicity machine.

Course it is.

IProblem with Henke is that he went off script. I don't think he was completely in the loop then.