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Oscar Pistorius shoots and kills girlfriend

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Striker
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Re: Oscar Pistorius shoots and kills girlfriend

Post by Striker »

At least the final outcome is as reasonable as anything can be when related to murder. They got there in the end.

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liquidfootball2
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Re: Oscar Pistorius shoots and kills girlfriend

Post by liquidfootball2 »

What's quite shocking is how a judge can misinterpret the law of the land of which she's supposed to be extremely conversent with so badly, including all subtleties and areas of doubt in interpretation, of which this plainly was not one, and then have her verdict unanimously overturned by three appeal judges.

To exacerbate it even further she increases the sentence but keeps it so below the minimum tariff for the newly imposed verdict as to challenge the verdict of the three appeal judges in overturning it and has the audacity to try to deny the prosecution any further right of appeal.

Its just incredible, and luckily for her the exposure and widespread publicity of the case around the world now is only a tiny fraction of what it was two years ago, she has obstructed, misinterpreted and passed grossly lenient sentences at every stage of the process.

It makes me wonder quietly whether the system is corrupt enough to have a way of getting to the judge and this has been the case here? Either that or she is Oscar's number one fan and believes he would never harm a fly.




Striker
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Re: Oscar Pistorius shoots and kills girlfriend

Post by Striker »

Your last sentence hits the nail on the head. Was it just unbelievable incompetence, corruption, or a combination of both.

I wonder if having people with her level of incompetence in high positions is a result of positive discrimination?

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liquidfootball2
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Re: Oscar Pistorius shoots and kills girlfriend

Post by liquidfootball2 »

Striker wrote:Your last sentence hits the nail on the head. Was it just unbelievable incompetence, corruption, or a combination of both.

I wonder if having people with her level of incompetence in high positions is a result of positive discrimination?
I tend to think it's just gross incompetence and perhaps she's just been promoted way above her abilities or merits.

From what ive read South African legislation does give some leeway for an exception to mandatory minimum sentences. Specifically, judges can reduce jail time from the minimum 15 years if they are satisfied that “substantial and compelling circumstances” exist justifying the imposition of a lesser sentence.

Substantial and compelling circumstances represent something exceptional. For that reason, certain South African courts have reasoned that the wording in the legislation provides courts with little discretion to reduce a sentence, and furthermore, courts are bound by minimum sentences unless exceptional and unusual circumstances are present.

That being said, judges are still provided a wide scope for discretion, and since the term “substantial and compelling circumstances” is not expressly defined by statute, judges have the latitude to interpret that wording as they see fit. That latitude has resulted in disparities in the application of the law, including in the Pistorus case.

In reducing Pistorius’ jail time from 15 years to six years, Judge Masipa did indeed rely on substantial and compelling circumstances including his remorse, his potential for rehabilitation and his belief that Steenkamp was an intruder.

These reasons are nothing short of untenable, flimsy and frankly bewildering. It is not unusual for convicted felons to express remorse and a promise not to reoffend with a view to gaining favor with the court on sentencing. That by itself should simply not constitute grounds for a reduced sentence, and at the very least if it does, it does not warrant a reduction of 9 years of prison time.

As well, relying on Pistorius’ belief that Steenkamp was an intruder as a basis to reduce his jail time is flawed. Under South African law, it is murder if Pistorius intended to kill anyone, be it Steenkamp or the intruder. In fact when the Court of Appeal overturned Judge Masipa and found Pistorius guilty of murder, the reasoning was that he intended to kill someone that night. So to rely on his mistaken belief as a basis to reduce his jail time is to effectively set aside a fundamental legal principle.

As I mentioned, Judge Masipa was overturned by the Court of Appeal. She initially found Pistorius guilty of culpable homicide, which means Judge Masipa concluded he acted negligently when he killed Steenkamp and without intent. So by passing on the more severe charge of murder (which requires intent to kill), Judge Masipa concluded the shooting was an accident. In overturning Judge Masipa’s conviction of culpable homicide, the Justice of the Supreme Court of Appeal delivered the unanimous ruling on behalf of the five judges that make up the appeals court. In part, he tersely wrote that the “accused ought to have been found guilty of murder.”

The case was then sent back to Judge Masipa for sentencing. While Judge Masipa of course acknowledged the Court of Appeals’ murder ruling, her sentence was effectively aligned with her initial finding of culpable homicide when she initially sentenced Pistorius to five years in prison. Ultimately, there is little difference between five and six years as either way the former Olympian would still have been out of prison in two years, which isn't far off now.

The prosecution led by Gerrie Nell appealed the initial conviction of culpable homicide, which was accompanied by a five year prison sentence. So if five years was unacceptable, six years should be too. Nell argued that the substantial and compelling reasons relied upon by Judge Masipa do not justify a reduced prison sentence.

Masipa who heard the appeal against the reset six years penalty ruled against Nel on the grounds that any appeal is very unlikely or has little chance of success at the high court, this too was then overturned and the appeal allowed to take place.

The appeal verdict today found in favour of Nel and the prosecution, highlighting a quite scandalous obstruction of process by the flawed Judge Masipa.

Substantive merits aside, the tone of Judge Masipa’s ruling was inappropriate. She described Pistorius as a “fallen hero”, adding that he lost “his career”,  “is ruined financially” and that “having taken a human life in the way he did, he cannot be at peace.”

This language is wholly inappropriate given the circumstances. A person who murders another is expected to face financial, professional and emotional ruin and this should not be relied upon to excuse a lighter sentence.

Ultimately, Judge Masipa’s ruling was disheartening and deeply disappointing. It sent the wrong message, namely, that violence against women will be tolerated. Indeed that if you are a woman in South Africa today, you don’t feel any safer.

Thank goodness she's been overruled at every single step and roadblock that she's tried to construct and that justice has been finally shown to be served today.


Today's verdict report :-

The Supreme Court of Appeal (SCA) says the sentence handed down on Oscar Pistorius by judge Thokozile Masipa was shockingly lenient to the point of trivialising his crime.

It today overturned a six-year sentence handed down by the High Court in Pretoria and replaced it with a sentence of 13 years and five months.

In the unanimous judgment written by Judge Willie Seriti, the court found there were no compelling reasons to deviate from the prescribed minimum sentence of 15 years for Pistorius.

Seriti says Pistorius showed no genuine remorse and did not take the court into his confidence.

He found Masipa overemphasised Pistorius’s personal conditions and whether he could be rehabilitated.

For this reason, his sentence must be increased.

“The respondent had already served 12 months imprisonment and corrective supervision for a period of seven months.”

Technically, Pistorius should be eligible for parole after serving half of his jail term.

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forestfan
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Re: Oscar Pistorius shoots and kills girlfriend

Post by forestfan »

murf wrote: 24 Nov 2017, 11:01 Scarily comedic system of "justice"....

Might as well just chuck him in the jail toilet, shut the door and give someone a gun and a couple of bullets. See how lucky he is!
Well, given what the proceedings have cost in time, money and strain on the various families over the years, I bet plenty wish he’d just turned the gun on himself when the reality hit him of what he had done. Not sure what he’d have to live for if and when he gets out anyway, probably too old to compete again and public reaction would make him a prisoner in his own home anyway.

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forestfan
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Re: Oscar Pistorius shoots and kills girlfriend

Post by forestfan »

Could be set for release this week. Which might cause a few headaches for Paris Paralympic organisers…

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murf
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Re: Oscar Pistorius shoots and kills girlfriend

Post by murf »

Is there a Paralympics shooting category?

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forestfan
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Re: Oscar Pistorius shoots and kills girlfriend

Post by forestfan »

murf wrote: 31 Mar 2023, 12:43 Is there a Paralympics shooting category?
i’m sure there will be in LA ‘28, which he will have to aim for now…

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murf
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Re: Oscar Pistorius shoots and kills girlfriend

Post by murf »

forestfan wrote: 01 Apr 2023, 08:44
murf wrote: 31 Mar 2023, 12:43 Is there a Paralympics shooting category?
i’m sure there will be in LA ‘28, which he will have to aim for now…
Nothing but a jail door between him and his target, probably a bit thicker than a toilet door.

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