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Author: Subject: Blooming Heck, He Got Away With Murder ?
slingshot2000

posted on 11/9/14 at 01:21 PM Reply With Quote
Blooming Heck, He Got Away With Murder ?

http://www.bbc.co.uk/news/world-africa-29143544

Discuss . . . . . .

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loggyboy

posted on 11/9/14 at 01:28 PM Reply With Quote
Doesn't look like he'll get away with culpable homicide tho.

Before adjourning the trial, Judge Masipa said she was "not persuaded" that a reasonable person with Mr Pistorius' abilities would have fired the shots that killed Reeva Steenkamp.
.....
Judge Thokozile Masipa has ruled out the charges of premeditated murder and murder in the Oscar Pistorius trial. However, she says that it is clear his conduct was "negligent".



[Edited on 11-9-14 by loggyboy]





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mookaloid

posted on 11/9/14 at 01:34 PM Reply With Quote
Guilty as a puppy sitting next to a pile of poo.......





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Ivan

posted on 11/9/14 at 03:00 PM Reply With Quote
Right from the start I felt that murder was an unlikely verdict - but yes culpable homicide with mitigating circumstances is reasonable to my mind but then I am not a legal mind or Judge. Tomorrow might tell.

I do however feel it is very harsh to say he got away with murder.

Those of you in the Northern hemisphere must remember the extent of violence that can be perpetrated in even routine crime here as many criminals are armed and only too willing to use their weapons. I believe he had a right to take pre-emptive action given his disabilities - however I must wonder why he didn't get himself and his victim out of the vicinity or seek outside help as soon as he suspected a break-in. He was armed after all and could have covered their retreat and locked the bedroom door behind him as they left.

Also he never appeared to fire a warning shot.

To be fair I didn't follow the case closely so don't know all the details and wasn't in his shoes or mind at the time - above is just my ill informed opinion and I am sad for all concerned.

I believe whatever the verdict, the case was given a fair trial and a well considered verdict will be arrived at.

[Edited on 11/9/14 by Ivan]

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JoelP

posted on 11/9/14 at 03:10 PM Reply With Quote
It was alleged during the trial that he wasn't in his shoes either, Ivan. Or indeed his legs!

Bad jokes aside, I'm not convinced he knew it was his missus and intentionally killed her, which is what it would have to be for a murder charge. Manslaughter is a much more appropriate charge and one id level even had it been a burglar.

[Edited on 11/9/14 by JoelP]





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Fred W B

posted on 11/9/14 at 05:07 PM Reply With Quote
The telling point for me was that the girlfriend had locked herself into the toilet, with her cellphone, in the early hours of the morning. Who does that unless they are trying to protect themself?





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posted on 11/9/14 at 05:09 PM Reply With Quote
It was said during the trial that he intended killing some one, either his girl friend or an intruder and that is murder no matter what way you interpret it.....
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snapper

posted on 11/9/14 at 07:13 PM Reply With Quote
If I thought someone had broken in to my place I would make sure my loved ones were safe first before firing a gun
His girlfriend was not in his bed when he picked up his gun
SO WHERE WAS SHE
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02GF74

posted on 11/9/14 at 07:55 PM Reply With Quote
Did he hire the same lawyer as OJ?

IMO he knew exactly who he was shooting and likely done in a fit of rage.






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perksy

posted on 11/9/14 at 08:05 PM Reply With Quote
I Seem to remember that the layout of the room in question showed that he could have merely left the room and made an exit as the bathroom was on the opposite side of the room than the exit door.

He chose not to do this, He also did not check the bed to see if his girlfriend was still in bed.

There was evidence that he had shot road signs and carried a gun in public etc in the past.


My money would be on that they've had a row, He's lost it and the rest if history.
He may have just been trying to frighten her, but i think he fired too many shots for that....


He's famous a multi medal winner and he's a money spinner for the country, but i'm sure there was
reasonably doubt me lord

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posted on 11/9/14 at 08:13 PM Reply With Quote
It would appear that any of the other options will get him 15 years and even the gun toting charges will get him 5 years....
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mark chandler

posted on 11/9/14 at 08:13 PM Reply With Quote
And why a year? Simple if it had gone the other way then an appeal as the jury are biased.

Money talks, end of.

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slingshot2000

posted on 11/9/14 at 10:05 PM Reply With Quote
quote:
Originally posted by redturner
It was said during the trial that he intended killing some one, either his girl friend or an intruder and that is murder no matter what way you interpret it.....


^^^^^^^^^^My thoughts, exactly!!

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austin man

posted on 11/9/14 at 10:59 PM Reply With Quote
he shouldnt have a leg to stand on for the next charge





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britishtrident

posted on 12/9/14 at 10:50 AM Reply With Quote
The judge has cleverly closed off every avenue that could give the slightest grounds for an appeal against the culpable homicide verdict, but the fact a murder charge did not stick is points major flaws in South African law.

From the direction and angle of the shots which would have hit anybody using the john most people would draw the conclusion he was aiming to kill without warning.





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britishtrident

posted on 12/9/14 at 10:58 AM Reply With Quote
quote:
Originally posted by mark chandler
And why a year? Simple if it had gone the other way then an appeal as the jury are biased.

Money talks, end of.



No jury just a black female judge sitting alone , but South Africa is more like wild west than Europe. In SA the laws are still biased to protect a rich (usually white) man defending his property on the principal fire to kill first and ask questions later, even in the USA where the NRA appears to able to override any common sense move towards gun control a murder verdict would have been more likely.





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mark chandler

posted on 12/9/14 at 11:19 AM Reply With Quote
I watched it this morning on the news, load of pap setting up for letting him off.

Brief summary that I heard from the judge.

I shoot someone in my house, then panic, call people and cry for help while trying to resuscitate them, by these actions I am now innocent as you cannot prove I am guilty of not making a mistake?

"If the hat does not fit you must acquit", I like to think if this was tried in the UK it would have had a different outcome.

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loggyboy

posted on 12/9/14 at 11:23 AM Reply With Quote
quote:
Originally posted by slingshot2000
quote:
Originally posted by redturner
It was said during the trial that he intended killing some one, either his girl friend or an intruder and that is murder no matter what way you interpret it.....


^^^^^^^^^^My thoughts, exactly!!


But he's not being tried for murdering 'someone'.





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britishtrident

posted on 12/9/14 at 11:59 AM Reply With Quote
That murder is more difficult to prove in most countries is a left over from the days of the death penalty.
Having said that in the days of hanging they were less particular about evidence and procedure also didn't muck about and did it pretty soon after the trial to avoid appeals.





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Ivan

posted on 12/9/14 at 11:59 AM Reply With Quote
quote:
Originally posted by britishtrident

No jury just a black female judge sitting alone , but South Africa is more like wild west than Europe. In SA the laws are still biased to protect a rich (usually white) man defending his property on the principal fire to kill first and ask questions later, even in the USA where the NRA appears to able to override any common sense move towards gun control a murder verdict would have been more likely.


Nope - judge with two assessors - all three must agree. By the way the judge has a history of handing down some pretty harsh sentences.

Edited to say: The assessors are basically lay persons as far as I know so there is an element of a jury here.

[Edited on 12/9/14 by Ivan]

What I say above is wrong - they are legal fundis. See here for role of assessors:

http://www.mediaclubsouthafrica.com/democracy/3759-assessors-can-decide-pistorius-s-fate

So I guess there is a lot less a chance of the judge getting things wrong?


[Edited on 12/9/14 by Ivan]

[Edited on 12/9/14 by Ivan]

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slingshot2000

posted on 21/10/14 at 08:46 AM Reply With Quote
quote:
By the way the judge has a history of handing down some pretty harsh sentences.




But she didn't live up to that this time, did she ??????

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Surrey Dave

posted on 21/10/14 at 04:37 PM Reply With Quote
Was 5years long enough?

Dunno, but doesn't feel quite right.
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slingshot2000

posted on 21/10/14 at 05:05 PM Reply With Quote
Was 5years long enough?

Not when every expert reckons he will not serve 1year !

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JoelP

posted on 21/10/14 at 05:40 PM Reply With Quote
It really is a disgrace.





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britishtrident

posted on 21/10/14 at 05:42 PM Reply With Quote
I am willing to bet the prosecution will appeal.
I am surprised the issue of perfomancing enhancing drugs was not raised in trial it would explain a lot.





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