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