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Pistorius trial

Community Veteran
Posts: 6,824
Registered: 27-10-2012

Pistorius trial

Intriguing viewing.
I get the impression he was having an argument with Reeva and in a spot of rage, fired at the door.
One thing I am not sure if they've looked at, but why did she lock the toilet door? That's not normal - unless you're having an argument.
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WTF
Grafter
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Re: Pistorius trial

Don't know about that: I'm told some people like to 'maintain the mystery' in a relationship and would rather not have their loved one walk in when they're sending a sausage to seaside ..
I'm not sure about what happened however, if my dim recollection of my first (and only) year at law school is correct, in British law (and I assume SA law is based on British law), if Pistorius intended to shoot the burglar then he is guilty of manslaughter or murder regardless of the fact he didn't actually kill the victim he intended .. something to do with mens rea .. I think.
nanotm
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Re: Pistorius trial

its legal to kill an intruder both in the uk and in SA so long as you are in fear.....
the whole case is based on if he knew it was Riva making the noises that he shot at or not.....if they prove he did know then its murder, if they fail then its a horrible accident and he's free to walk away ......
just because your paranoid doesn't mean they aren't out to get you
Community Veteran
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Re: Pistorius trial

Quote from: nanotm
its legal to kill an intruder both in the uk and in SA so long as you are in fear.....

As long as the force you use is reasonable in the circumstances you believe yourself to be in.
If someone breaks into your house, you cannot just kill them. You have to demonstrate that at that time, the force you used was proportionate to the situation you found yourself in.
Say someone that is unarmed breaks into your house, is stealing some HiFi equipment, you catch them and (with no provocation) shoot them dead with a shotgun. You are going to be prosecuted for murder.
nanotm
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Re: Pistorius trial

if someone broke into my house and I gave them both barrels I would get away with it regardless of the intruder having a weapon or not for the simple reason that being disabled I'm already disadvantaged and as such would genuinely be in fear and thus justified in using what I deem as a proportional response to the threat that I perceive
however that only applies to people blasted in the chest  that have crossed the building threshold uninvited......
just because your paranoid doesn't mean they aren't out to get you
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Re: Pistorius trial

It seems that he elected to represent himself at one point, which he failed miserably. Making a laughing stock of himself.
While people are laughing at him,I think this was a clever move on his defences behalf.
Say he loses, which any reasonable person would expect, when he appeals he can argue the incompetence of his defence (in allowing him to defend himself) and also argue that he will not get a fair retrial because all the evidence is in the public domain.
alanf
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Re: Pistorius trial

I don't know why broadcasting of court proceedings is permitted. Surely evidence must be tainted if a witness knows exactly what other witnesses have already told the court. (I know that in most cases press are allowed to report the gist of what happened in court from day to day but this seems a bigger risk)
Community Veteran
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Registered: 27-10-2012

Re: Pistorius trial

You would still have to show that in that split moment, you were in genuine fear for your life and safety. Just because someone breaks into your house, does not give you the right to kill them.
Pistorius is in a very difficult position. His story is unravelling and there are too many contradictions between what he says and what independent witnesses have said. He comes across as a very self-centered individual and someone who is very controlling over his girlfriends. He also seem to have a tendency for periods of anger.
Watching the trial, I just cannot see how he could be found not guilty. His story and sequence of events are just too improbable. It looks like he was in an argument with Reeva, she stormed to the toilet, locked the door and wouldn't come out. In a spot of rage, he got his gun and fired at the door (I am not sure whether he intended to kill her or not).
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Re: Pistorius trial

Quote from: nanotm
if someone broke into my house and I gave them both barrels I would get away with it ... for the simple reason that being disabled

More likely that it would be becuse David Cameron agreed that you have a right to protect your home after some high profile cases. I don't think disability comes into it quite frankly.
I need a new signature... i'm bored of the old one!
Community Veteran
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Re: Pistorius trial

Quote from: alanf
I don't know why broadcasting of court proceedings is permitted. Surely evidence must be tainted if a witness knows exactly what other witnesses have already told the court.

Witnesses can still go and watch a trial in the public gallery.
Most submit their evidence before the trial in the form of a statement - whether it is with the police or a written submission to the court. The job of the barrister is to pull them apart if they stray from what they have said before.
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Re: Pistorius trial

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Re: Pistorius trial

When the camera pans to the gallery I half expect to see OJ cheering him on.
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Re: Pistorius trial

Moderator
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Re: Pistorius trial

Looking at BBC News a little while ago it said she will take two days to deliver the verdict.
Surely she only needs to say one of two words Undecided

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Courage is resistance to fear, mastery of fear, not absence of fear - Mark Twain
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nanotm
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Re: Pistorius trial

she has to summarise the case and give reasons for her decisions in each area of consideration, hopefully though it wont take as long as initially thought as she has been skipping vast chunks of evidence and instead just highlighted salient points so far, its possible she will reach the point of delivering the verdict within the day, they have a somewhat different approach to delivering a verdict than we do with a jury just handing out their opinion but that's probably because we use a jury instead of a judge to make the decisions
just because your paranoid doesn't mean they aren't out to get you