Friday, September 12, 2014

Pistorious - Guilty of Culpable Homicide - Finally Sentenced: October 21st 2014

Oscar Pistorius, the notorious gun wielding blade runner, has been cleared of premeditated murder. Even though, Judge Thokozile Matilda Masipa says Pistorious acted hastily and used excessive force and also negligent. She further stated that Pistorious has been a poor witness, at times argumentative, evasive, and and not honest on the witness stand. She said, the intention to shoot does not necessarily mean there was intent to kill.

She appeared to accept most of the defense's time-line of events testimony as true. Two points of his testimony that seem inconsistent or contradictory will be further examined...the fact where Pistorius says that, if he wanted to kill the intruder inside the bathroom, he would have aimed higher and later when he said he shot without thinking. These two statements clearly contradict each other and there is also an issue of the shots fired and their angle which would also be inconsistent with Oscar Pistorius' description of how and where he was when he fired the shots. Judge Thokozile Matilda Masipa said she'd address these issues in the next session.

The final ruling will be issued later today and hopefully Judge Thokozile Matilda Masipa will clear up all of the remaining questions.
The story we've all heard for more than a year now that...

According to the prosecution, Pistorius argued with Steenkamp that night in his home in a gated community in Pretoria. Things got out of hand. Out of fear she ran and attempted to hide in the bathroom. In a fit of rage he fired four shots from his 9mm pistol through the door and killed her. Prosecutors portrayed him as 'temper-prone', 'self-absorbed', 'gun-obsessed egotist' who lived recklessly.

His defense attorney played up the pitiful and pathetic image trying, to benefit from his obvious handicap — asserting that he's more of a psychological mess, filled with inner demons, unable to run away from danger. Again and again reminding us of his obvious handicap and trying to use that to their advantage. Perhaps a portrayal of necessity, but it still does not change the real facts. In fact, Mannie Witz, one of South Africa's top lawyers, says and firmly believes that despite all the publicity surrounding the defendant, the actual facts of the Pistorius case are "not difficult." We'll see.

How does Steenkamp get up and leave without his noticing while he says he heard a noise in the bathroom, another room further away? How can you wake up and get up and get out of bed and not notice Steenkamp was not there? If you hear a noise in the night, do you always grab a gun, chase, hunt or pursue the noise and then fire repeatedly, without first calling out...What's that? - Who' there? or Don't move or I'll shoot? He also claimed to be without his prosthetic legs and close to the floor, so then why did ballistics experts determine the bullets were fired downward from above?

Judge Thokozile Matilda Masipa says "All the accused had to do was to pick up his cell phone to call security or the police," and "He could have run to the balcony and screamed in the same way he screamed after the incident," and "The accused had reasonable time to reflect, to think and to conduct himself reasonably," further stating "I am not persuaded that a reasonable person with the accused's disabilities in the same circumstances would have fired four shots into that small toilet cubicle." - "I am of the view that the accused acted too hastily and used excessive force," she said, adding that under the circumstances, "it is clear that his conduct was negligent."

The prosecutors were probably wrong to pursue premeditated murder charges as it was more likely the result of a heat of the moment tragedy and less the result of actual pre-planning. nevertheless, it is still murder.

One of the rulings that I find troubling is Judge Thokozile Matilda Masipa says the intention to shoot does not necessarily mean there was intent to kill. This may be true of a panicking person that has no knowledge or experience with firearms. But the prosecutors on the other hand have revealed that Oscar Pistorious was in fact very experienced with firearms.

Admittedly, my interest in this case is the result of it more or less been forced on me. The tragedy occurred a year and a half ago and it is still dragging on. It is a Sideshow Show Trial Circus that is offensive to common sense and any pretense of fairness. Oscar Pistorious and his attorneys have been allowed far to many unjustifiable extensions that keep the story in the news.

The secret defense of this particular tactic is to desensitize the Judge. In doing this, they are more likely to get a more favorable judgment, more lenient or maybe even an acquittal.

This Show Trial exposes the privileged lifestyle of a celebrity — his wealth, a beautiful woman, a big house, his flaws and violence and it also shows us the contrast between the life in a wealthy gated community and the poverty in South Africa’s townships. We see the fear of the poor among the rich, fear of crime, racial tension, violence against women, gun violence, the privileges of a wealthy white defendant and the priorities of the news media delivering sensationalism and stirring the masses for profit.

In the final closing ruling of this case, Judge Thokozile Matilda Masipa will be assisted by two experts called assessors. Themba Mazibuko and Jannette Henzen-DuToit, are her assisting assessors. They help decide on questions of fact only. While only the Judge can rule on matters of law, since South Africa does not have jury trials. The final rulings will come later today.

South Africa's history making Golden Boy, Champion, regardless of his trial outcome, will forever be ruined, he's essentially South Africa's O.J. Simpson.
I do not believe that all of the media attention is about serving the appetites of a curious public, but rather in this case I believe it's another opportunity to incite the masses and provoke the masses with the never ending undercurrent of a hidden racism in humanity that will forever be there and will forever be a way to generate interest in whatever the media may target.

Update: September 12th 2014 - Oscar Pistorious is found Guilty of culpable homicide and one count of reckless and negligent handling of a firearm.

Judge Thokozile Matilda Masipa's decision indicates that she believes the main point of his defense that Pistorious thought he was firing at an intruder, rather than at his girlfriend when he opened fire.

Update: September 13th 2014There is no basis for this court to make the inference that the accused wanted to kill the deceased . The conduct of the accused shortly after the incident is inconsistent with someone who had wanted to commit murder,” - Judge Thokozile Matilda Masipa

Judge Thokozile Matilda Masipa chooses to believe Pistorious despite evidence and testimony that would have convicted anyone else.

June and Barry Steenkamp the parents of Reeva Steenkamp say "justice was not served" in expressing their disbelief that the court had believed Pistorius's version of events.
Justice was not served...ask yourself this. If an ordinary unknown man had done what Pistorious has done, would they have been acquitted? Would they have been allowed to drag out their case for more than a year and a half? Would they have been granted so many delays? Would they have been freed on bail? Would they have to wait a month after the verdict to hear their sentence?
Pistorius is now free on bail until his sentencing on October 13th.
Regardless of the final outcome Pistorious is ruined and Judge Thokozile Matilda Masipa's reputation is permanently damaged. She is the second biggest loser in this South African tragedy.

Update: October 16th 2014
Viewers of the sentencing phase were shocked to see the court burst into applause when the prosecutor wishes the judge a happy birthday. Everyone including Pistorious was happy, smiling and clapping their hands. Unbelievable! 

Update: October 21st 2014
Finally after all the charades and media mayhem, Pistorious is sentenced to 5 years in prison. After serving 10 months he'll be eligible to serve the remainder under house arrest.

Everything about this show trial stinks. It was a circus show trial that fed the media content to exploit with advertisements for as long as they could possibly drag this court case out. The public has been had, yet again!

Did you hear that sound...listen closely it was something like...cha-ching!

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