viv1969
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I thought the prosecutor summed it up nicely in his closing last month:
'He knew there was a human being in the toilet. That's his own evidence,' Mr Nel told the judge.
'His intention was to kill a human being. He's fired indiscriminately into that toilet. Then m'lady, he is guilty of murder. There must be consequences.'
Killing a human being doesn't necessarily mean murder is committed...
The Judge said
"He cannot have foreseen killing whoever was behind the toilet door"
and
""How could the accused reasonably have foreseen that the shot he fired would kill the deceased?"
and
""Clearly he did not subjectively foresee this as a possibility, that he would kill the person behind the door, let alone the deceased as he thought she was in the bedroom at the time."
He did fire 4 shots into the toilet, what was he trying to do ……. just scare them
Yep, i found those comments very odd as well. How can you not expect to kill someone when firing that many rounds through a door knowing someone (if not exactly who) is on the other side?
If he isn't convicted of culpable homicide then something has gone very wrong in that court.
I hope he escapes the man slaughter charge and glad he got away from the murder one.
Oscar Pistorius was charged with murder, and some firearms offences. He can still be convicted of culpable homicide, at the court's discretion, but was never charged with this. Manslaughter doesn't exist in SA law.
Excellent point about the scream.How did the judge miss that!I don't fancy his chances in the long term.
He is guilty of Killing her, he admits he fired the shots.
He was trying to kill someone that is certain.
He could not claim he was just trying to scare or wound them.
I do not doubt he knew he was shooting at her.
Her first scream would have told him that, if he did not already know it before hand.
I place him as a lying cowardly bully who loses his temper when he does not get his way.
Excellent point about the scream.How did the judge miss that!
He's just trolling, don't worry about it.ST4, why do you hope he escapes all charges?
She's obviously been watching too much Judge JudyAt times it's been a pantomime, and the judge today behaved at timers like she was in a soap opera!
This judge is a disgrace to the SA legal system from a technical as well as a natural justice standpoint
- I have watched and read about this trial as much as I could - as I said SA is interesting to me - I have even thought about living there permanently
Why?
She can only judge on the evidence presented by the prosecution, and Nel did a shocking job, for a prosecutor with such a reputation he was useless. He seemed to think being arrogant and interrupting witnesses and even trying to lead witnesses was a clever tactic.
I also followed the case quite closely, (through SA media, not just the sound bite cuts shown here), as I was also very interested as I lived out there for many years.
Is that going to be her excuse?
- I have watched and read about this trial as much as I could - as I said SA is interesting to me - I have even thought about living there permanently
To add, if you want a more in depth view of the trial, have a read of this SA site, every news report of the trial is posted, as is plenty of local opinion, including from the legal side (it is pretty long by now, you might want to move up to about page 35 for the judgement).
http://mybroadband.co.za/vb/showthread.php/613224-The-Oscar-Pistorius-Murder-Trial-II
This is where it all goes tits up for me too.
The judge also accepts that Pistorius believed that Steenkamp was in his bedroom at the time of the shootings"
Joking aside, We all know that SA is a much more violent place than the UK,
And we don't know the full facts, only those reported by the media.
But firing 4 shots though a (any) closed door I would suggest was
would not be the actions of a responsible person.
i am right in thinking that there is no maximum limit for culpable homicide ,,,so he could be banged up for quite a while anyway ,,,and then the other three charges could carry up to five years each if found guilty ????