Oscar Pistorius: The Sentence

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OSCAR'S RUNNING FUTURE?
By GERALD IMRAY

Oscar Pistorius' agent is seeking a meeting with the double-amputee athlete in prison in the next few days to discuss his running future, he told The Associated Press on Thursday.

South Africa's Olympic committee said Pistorius was ineligible to compete for the length of his five-year prison sentence for killing girlfriend Reeva Steenkamp.

Agent Peet van Zyl said lawyers will meet with Pistorius in prison on Friday, after which it will become clearer when Van Zyl and Pistorius' longtime track coach, Ampie Louw, can talk to him about his career.

"We would like to see the young man," Van Zyl said.

He said no decision had been made or discussions held over the multiple Paralympic champion's track career because he was taken straight to prison following his sentencing on Tuesday.

Also on Thursday, South African Olympic committee chief executive Tubby Reddy told The AP that 27-year-old Pistorius could not compete for the full duration of his sentence under the body's rules, even if he was released from jail early to go under house arrest.

Pistorius' sentence allows for him to be released from prison after serving one-sixth of his term - or 10 months - to serve the remainder under correctional supervision, which involves house arrest.

The South African Olympic Committee and Sports Confederation decision matches the International Paralympic Committee, which said Pistorius couldn't compete in its events while he was serving his sentence, no matter where he was serving it. The International Olympic Committee and the IAAF, which controls able-bodied athletics events, have declined to comment on Pistorius' case.

Pistorius, whose lower legs were amputated as a baby, was one of the world's most recognizable and celebrated athletes when he competed on his carbon-fiber running blades. He made history by becoming the first amputee athlete to run at the able-bodied world championships in 2011 and the Olympics a year later.

He was convicted last month of culpable homicide, which is comparable to manslaughter, for shooting Steenkamp multiple times at his home in the pre-dawn hours of Feb. 14, 2013. A South African judge acquitted Pistorius of murder, but still sent him to prison for acting negligently in his girlfriend's death.

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Gerald Imray is on Twitter at www.twitter.com/GeraldImrayAP


Source : Sapa-AP /fg
Date : 23 Oct 2014 16:14
 
British comedian blames Reeva Steenkamp for her own death in shocking joke

British comedian, Jimmy Carr, on Wednesday made a highly controversial joke while presenting an award at the Q Awards in London.

The Q Awards are the UK's annual music awards run by the music magazine Q.

While presenting the award for ‘Best Act In The World’ Carr made a joke about the murder of South African model, Reeva Steenkamp, Huffington Post UK reported.

Steenkamp was shot dead on Valentine’s Day 2013 by her boyfriend, Oscar Pistorius.

Carr was talking about waiting in line for the toilet when he said; “So frustrating. All I’m saying is I can see it from Oscar Pistorius’ point of view.”

The audience are said to have gasped as Jimmy went on: “That’s not the controversial bit. Here it comes…I blame her.

“If she hadn’t been in that disabled toilet none of this would have happened.”

According to a report by Metro the audience was stunned silent to which Carr reacted; “It’s the ****ing Q Awards, come on.”

Carr has not apologised for his highly inappropriate joke.
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Jimmy Carr does it again... :p
 
NO DECISION ON OSCAR APPEAL YET: NPA

The National Prosecuting Authority (NPA) has not decided yet if it will appeal the Oscar Pistorius matter, it said on Friday.

"No decision has been made yet," spokesman Nathi Mncube said.

"We'll have to make a decision within 14 days of judgment."

Wits law professor James Grant on Friday wrote on social networking site Twitter that prosecutor Gerrie Nel had asked for his advice on whether the State should appeal.

"I can confirm Advocate Nel has consulted me for advice and assistance if he appeals. I have advised that he should appeal and agreed to assist."

He said Nel and the NPA had yet to decide whether to appeal.

"No doubt many other people are also being consulted and many things considered," Grant said in another tweet.

Pistorius was sentenced to five years in prison after being found guilty of culpable homicide. For discharging a firearm at Tasha's restaurant in January 2013, he was sentenced to three years in jail, suspended for five years.

The sentences would run concurrently, Judge Thokozile Masipa ruled.

Following the Blade Runner's sentencing on Tuesday, the NPA said there was an "appetite" to appeal the five-year jail sentence.

"There is an appetite to appeal, and we have 14 days to consider the law and ensure the facts and the law allow us to appeal," Mncube said at the time.

The same day, NPA head Mxolisi Nxasana told Parliament he would discuss the sentence handed down to Pistorius, and a possible appeal, with prosecutors.


Source : Sapa /gq/ar/rod
Date : 24 Oct 2014 10:57
 
OSCAR JUDGMENT 'NOT WELL REASONED': EXPERT

The judgment in the Oscar Pistorius trial is not well reasoned and can be appealed on a question of law, a legal expert said on Friday.

"In my view... that judgment isn't very well reasoned and I also don't think it would stand up to constitutional scrutiny," Wits law professor James Grant said.

However, the State could encounter a "hurdle" because of the Supreme Court of Appeal case, State vs Seekoei, which limited the State's right of appeal.

The 1982 Seekoei case held that the State could not appeal if a conviction was made on a competent verdict.

"It [the Pistorius judgment] was a competent verdict, he was acquitted of murder and convicted on a competent verdict," Grant said.

If the NPA could overcome the Seekoei issue and is given the opportunity to appeal, two things could happen.

"The question comes whether the appeal is heard in the SCA restricted to the record -- and this would be my preference, it's only fair and right -- or whether it is sent back to a different high court to retry the case entirely.

"This [retrial] is not impossible," he said.

Grant said prosecutor Gerrie Nel had asked for his advice on whether the State should appeal.

"I can confirm Advocate Nel has consulted me for advice and assistance if he appeals. I have advised that he should appeal and agreed to assist," he wrote earlier on social networking site Twitter.

He said Nel and the NPA had yet to decide whether to appeal.

"No doubt many other people are also being consulted and many things considered," Grant said in another tweet.

Earlier, the NPA said it had not decided yet if it was going to appeal.

Following the athlete's sentencing on Tuesday, the NPA said there was an "appetite" to appeal the five-year jail sentence.

"There is an appetite to appeal, and we have 14 days to consider the law and ensure the facts and the law allow us to appeal," Mncube said at the time.

On the same day NPA head Mxolisi Nxasana told Parliament he would discuss the sentence handed down to Pistorius, and a possible appeal, with prosecutors.


Source : Sapa /gq/ar/ks
Date : 24 Oct 2014 12:48
 
Rouxenator said:
I blame her too for sticking around with a clearly deranged, gun slinging maniac.
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I hope... for your sake that all your comments made here are you trolling and hoping to get a reaction.

If you are being serious, you're a whole new breed of stupid.
 
Hope they appeal, if anything it'll break the bank more for this little pr1ck and he will suffer more.
Even if he has plenty cash stashed away the less he gets to enjoy the better.
 
Hemi300c said:
Hope they appeal, if anything it'll break the bank more for this little pr1ck and he will suffer more.
Even if he has plenty cash stashed away the less he gets to enjoy the better.
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they need leave to appeal first and while Prof Grant very much has a point as to the eligibility of an appeal and it may be a ripe opportunity to challenge the hippo in the room (the Seekoei decision from the 80s) the simple reality is that securing leave to appeal depends very much on grounds of appeal rather than loudness of disagreement with the court a quo. Hopefully the NPA is consulting broadly and will release a memo saying why they should not seek leave to appeal or if they do seek leave that the SCA will give reasons for dismissing the leave - which is not the conventional practice

the point is that the cost of seeking leave to the State (and ultimately the taxpayer) is considerably higher than the costs to the defence in answering on the leave - for that matter the defence can quite comfortably have a candidate attorney draft a two page (so in the SCA 1 doublesided page) reply and have the local firm handling the matter file. If leave is granted deal with the matter in the court.
 
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Paul Hjul said:
they need leave to appeal first and while Prof Grant very much has a point as to the eligibility of an appeal and it may be a ripe opportunity to challenge the hippo in the room (the Seekoei decision from the 80s) the simple reality is that securing leave to appeal depends very much on grounds of appeal rather than loudness of disagreement with the court a quo. Hopefully the NPA is consulting broadly and will release a memo saying why they should not seek leave to appeal or if they do seek leave that the SCA will give reasons for dismissing the leave - which is not the conventional practice

the point is that the cost of seeking leave to the State (and ultimately the taxpayer) is considerably higher than the costs to the defence in answering on the leave - for that matter the defence can quite comfortably have a candidate attorney draft a two page (so in the SCA 1 doublesided page) reply and have the local firm handling the matter file. If leave is granted deal with the matter in the court.
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I have been looking at the appeals procedure for superior courts and failed to find any appeal procedure for the state other than that in section 316B (appeal against the sentence which is probably not applicable) and the reservation of a question of law as described in section 319. Section 319 does not have a time frame or complicated leave to appeal procedures. No 14 day lodging period etc.?? The section seems specific that on request the "court shall state the question reserved" if it deems it fit, and not that the state will obtain a opportunity to institute an appeal on the questions of law. [would seem a one step process] Its been years since I followed the updates to criminal procedure or read Hiemstra / case law regarding appeals with any serious intent. Am I missing something here?

Also a normal appeal by the state will include the state paying for the accused legal representation as described in 316B(3), but 319 is silent on this. Any thoughts on this?
 
Funniest part is roux saying in his soft little school boy tone he won't appeal. No **** shurlock even you know the judge gave your client a slap on the wrist. I really hope somehow someway the state go ahead with an appeal. This verdict needs to be tested and tested properly. Masipa was way out of her league here.
Only an idiot believes an accused fired 4 shots into a closed door and didn't intend to kill someone behind that door. Clearly knowing there was a person there and the room was small enough to know anyone there would be killed.


I am hoping the appeal goes ahead
 
marine1 said:
Funniest part is roux saying in his soft little school boy tone he won't appeal. No **** shurlock even you know the judge gave your client a slap on the wrist. I really hope somehow someway the state go ahead with an appeal. This verdict needs to be tested and tested properly. Masipa was way out of her league here.
Only an idiot believes an accused fired 4 shots into a closed door and didn't intend to kill someone behind that door. Clearly knowing there was a person there and the room was small enough to know anyone there would be killed.


I am hoping the appeal goes ahead
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"Bbbbbbllllllooooood!" ...."blllllooooooood!"

They bey.
 
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